exclusivity bar in Louisiana

2007The jurisprudence has narrowly construed the intentional tort exception to the exclusivity clause in the workers’ compensation statute. “ ‘Even if the alleged conduct goes beyond aggravated negligence, and includes such elements as knowingly permitting a hazardous work condition to exist, knowingly ordering claimant to perform an extremely dangerous job, or willfully failing to furnish a safe place to work, this still falls short of the kind of actual intention to injure that robs the injury of accidental character.’ ” Reeves v. Structural Preservation Systems, 98-1795, p. 5 (La.3/12/99), 731

2007The jurisprudence has narrowly construed the intentional tort exception to the exclusivity clause in the workers’ compensation statute. “ ‘Even if the alleged conduct goes beyond aggravated negligence, and includes such elements as knowingly permitting a hazardous work condition to exist, knowingly ordering claimant to perform an extremely dangerous job, or willfully failing to furnish a safe place to work, this still falls short of the kind of actual intention to injure that robs the injury of accidental character.’ ” Reeves v. Structural Preservation Systems, 98-1795, p. 5 (La.3/12/99), 731

2007In Mouton v. Blue Marlin Specialty Tools, Inc., 01-648 (La.App. 3 Cir. 10/31/01) , 799 So.2d 1215 , the plaintiff was hired by Blue Marlin to clean and recondition used oilfield pipe and rental | ¿equipment.

2007The jurisprudence has narrowly construed the intentional tort exception to the exclusivity clause in the workers’ compensation statute. “ ‘Even if the alleged conduct goes beyond aggravated negligence, and includes such elements as knowingly permitting a hazardous work condition to exist, knowingly ordering claimant to perform an extremely dangerous job, or willfully failing to furnish a safe place to work, this still falls short of the kind of actual intention to injure that robs the injury of accidental character.’ ” Reeves v. Structural Preservation Systems, 98-1795, p. 5 (La.3/12/99), 731

2002Cole v. State of Louisiana, Department of Public Safety and Corrections, 01-2123 (La.9/4/02), 825 So.2d 1134 .

1999In reversing the trial court, the majority relies on Bazley v. Tortorich, 397 So.2d 475 (La.1981).

1993They contend, like the defendants in Cushing v. Time Saver Stores, Inc., 552 So.2d 730, 731 (La.App. 1st Cir.1989), writ denied, 556 So.2d 1281 (La.1990), "that these cases recognize that the exclusivity bar applies even though the family members assert claims for separate injuries, distinct from those suffered by the employees themselves, such as a loss of consortium." Like our brethren of the first circuit court of appeal in Cushing , we disagree.

1981In Braxton v. Georgia-Pacific Corp., 379 So.2d 1150 (La.App.2d Cir. 1980), upholding the exclusivity bar of § 1032, we observed, “. . . the intent of the Legislature is clear in circumstances where an employee suffers an injury .. . during the course and scope of his employment, that the remedy of the employee ... is governed exclusively by the workers’ compensation law, whether the claim is asserted against the employer or against . . . supervisory or fellow em ployees.” See also Johnson v. Chicago Mill & Lumber Co., 385 So.2d 878 (La.App.2d Cir. 1980).

1981In Braxton v. Georgia-Pacific Corp., 379 So.2d 1150 (La.App.2d Cir. 1980), upholding the exclusivity bar of § 1032, we observed, “. . . the intent of the Legislature is clear in circumstances where an employee suffers an injury .. . during the course and scope of his employment, that the remedy of the employee ... is governed exclusively by the workers’ compensation law, whether the claim is asserted against the employer or against . . . supervisory or fellow em ployees.” See also Johnson v. Chicago Mill & Lumber Co., 385 So.2d 878 (La.App.2d Cir. 1980).

1981In Braxton v. Georgia-Pacific Corp., 379 So.2d 1150 (La.App.2d Cir. 1980), upholding the exclusivity bar of § 1032, we observed, “. . . the intent of the Legislature is clear in circumstances where an employee suffers an injury .. . during the course and scope of his employment, that the remedy of the employee ... is governed exclusively by the workers’ compensation law, whether the claim is asserted against the employer or against . . . supervisory or fellow em ployees.” See also Johnson v. Chicago Mill & Lumber Co., 385 So.2d 878 (La.App.2d Cir. 1980).

1981In Braxton v. Georgia-Pacific Corp., 379 So.2d 1150 (La.App.2d Cir. 1980), upholding the exclusivity bar of § 1032, we observed, “. . . the intent of the Legislature is clear in circumstances where an employee suffers an injury .. . during the course and scope of his employment, that the remedy of the employee ... is governed exclusively by the workers’ compensation law, whether the claim is asserted against the employer or against . . . supervisory or fellow em ployees.” See also Johnson v. Chicago Mill & Lumber Co., 385 So.2d 878 (La.App.2d Cir. 1980).