Workers’ Comp Exemption Requires Intent to Kill ‘Particular Individual’ SCOTX Rules in ‘Tired Trucker’ Case
A calculated disregard for safety by Mo-Vac Service Company may have contributed to the death of one of its drivers, but that isn't enough to allow an exception to the Texas Workers' Compensation Act, the court ruled. The likelihood of death has to be "substantially certain" to a "particular individual" for a wrongful death claim to be excepted from the exclusive authority of TWC. Janet Elliott explains.

