Reeves v. Structural Preservation Systems

liAMY, Judge

dissenting.

I respectfully dissent. In my view, the conduct involved in this matter does not rise to the level of an intentional tort, but, rather, is the type of negligent employer behavior which falls within the workers’ compensation *63provisions. See La.R.S. 23:1032. Accordingly, workers’ compensation statutory benefits are the employee’s exclusive remedy in this ease. Id.

The courts of this state have previously concluded that “[i]n order for a plaintiff to recover under the theory of intentional tort, he must establish that the person responsible for his injuries either desired…