Mo-Vac Service Company, Inc. v. Escobedo
The Court found that the actor's "belief that the consequences [of his actions] are substantially certain to result" was difficult to apply, so the Court took the opportunity to clarify it. In doing so, the Court found that the decedent's widow's claims were barred by the exclusive remedy doctrine because she failed to raise a fact issue that the decedent's employer was subjectively believed that his death was substantially certain to occur as a result of working long hours.
worker's compensation insurance policy, exclusive remedy, intentional-injury exception, consequences, subjective belief, substantially certain
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