The estate of a worker who was electrocuted when the crane he was directing touched overhead wires cannot sue under the intentional tort exception to the exclusive remedy of the Workers' Disability Compensation Act despite the fact that the employer received a MIOSHA citation after the incident. The MIOSHA citation is not evidence that the employer had actual knowledge that an injury was certain to occur.
The estate of the worker was unable to prove that the employer possessed (1) actual knowledge, (2) that injury was certain to occur and, (3) that the employer willfully disregarded that knowledge.
- Flores v. E.C. Korneffel Co.