West Bend Mutual Insurance v. Berger

*748DYKMAN, J.

Genny Berger appeals from summary judgments dismissing her tort claims against Bob Matthews and JeffPlautz. Berger argues the trial court erred by determining that the exclusive remedy provision of the Worker's Compensation Act1 (WCA) precluded her tort claims. The trial court determined that Matthews's and Plautz's behavior did not constitute an assault intended to cause bodily harm and therefore, the exception to the exclusive remedy provision of the WCA was not satisfied. We conclude that a factual dispute exists as to whether Matthews’s and Plautz's actions were assaults…