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Braase brought a lawsuit against Battelle, which the employer sought to have dismissed, citing exclusive remedy under Idahos workers compensation act. Idahos statute provides an exception from the workers comp exclusivity rule where the injury or death is proximately caused by the willful or unprovoked physical aggression of the employer, its officers, agents, servants or employees, the ruling said. Mr. Braase alleged that the employers instructions to continue working with the fuel plates even after he expressed safety concerns was a willful act. The court found Mr. Braase had provided sufficient evidence to overcome the employers motion to dismiss the case. Each state has developed different standards on what triggers an intentional tort. In some states, the standard is substantial certainty or virtual certainty that an employer knew that an employee was likely to be injured. A willful violation handed out by the U.S. Occupational Safety and Health Administration is often used as evidence of intent.

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