Benson v. Callahan Mining Corp.

Defendant appeals by leave granted from an order of the circuit court denying defendant’s motion for summary disposition of plaintiffs claim under the intentional-tort exception of the Workers’ Disability Compensation Act. We reverse.

Plaintiff was injured on June 13, 1987, when a portion of the roof of a tunnel in which he was working collapsed on him. At the time of the accident, plaintiff’s job was assistant roof-bolter. A roof-bolter works with a partner to secure the roofs of tunnels. Roof-bolters attach cyclone fencing, also called roof plates, to the ceilings of tunnels with long bolts.…