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SUPREME COURT OF LOUISIANA
No. 98-C-1795 JOSHUA DOUGLAS REEVES Versus STRUCTURAL PRESERVATION SYSTEMS, ET AL. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF CALCASIEU VICTORY, J.* We granted this writ to determine whether an employer committed an intentional act under the intentional act exception to the Workers' Compensation Act (the "Act") by directing an employee to move a sandblasting pot manually, a procedure which was prohibited by OSHA and which the employee's supervisor feared would eventually lead to injury. After reviewing the record and the applicable law, we reverse the

judgment of the court of appeal and find that such conduct does not amount to an intentional act; thus, plaintiff's remedy is limited to the Workers' Compensation Act. FACTS AND PROCEDURAL HISTORY On October 5, 1994, plaintiff, Joshua Reeves ("Reeves"), was injured while moving a sandblasting pot in the course and scope of his employment as a general laborer for Structural Preservation Systems, Inc. ("SPS"), which was providing industrial sandblasting services at the PPG plant in Calcasieu Parish. A sandblasting pot is a large metal pot, approximately four feet high, which when empty weighs between 350 to 400 pounds and which can hold up to 1,000 pounds of sand. Although the pot had wheels at the base and a handle, OSHA required that a sticker be placed on the pot which read "DO NOT MOVE MANUALLY." On previous job sites, the pot was moved by a forklift. Reeves' supervisor testified that when SPS arrived at the
*

Marcus, J., not on panel. Rule IV, Part 2,

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