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Wanda Lopez, an employee of Diamond Shamrock, was killed during a robbery at work. Her parents, the appellants, sued Diamond Shamrock for gross negligence under the Workers' Compensation Act and for intentional injuries under the Texas Survival Statute. Diamond Shamrock, a Workers' Compensation subscriber, moved for and was granted a partial summary judgment dismissing the parents' individual causes of action. The appellate court affirmed the trial court's judgment, holding that an employer's intentional failure to provide a safe workplace does not constitute an intentional tort sufficient to bypass the Workers' Compensation Act unless the employer believed its conduct was substantially certain to cause the injury. No such allegation was found against Diamond Shamrock.
Vargas v. Diamond Shamrock is a workers' compensation case decided in Texas Court of Appeals, 13th District. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 13th District.
Full Decision Text1 Pages
Wanda Lopez, an employee of Diamond Shamrock, was killed during a robbery at work. Her parents, the appellants, sued Diamond Shamrock for gross negligence under the Workers' Compensation Act and for intentional injuries under the Texas Survival Statute. Diamond Shamrock, a Workers' Compensation subscriber, moved for and was granted a partial summary judgment dismissing the parents' individual causes of action. The appellate court affirmed the trial court's judgment, holding that an employer's intentional failure to provide a safe workplace does not constitute an intentional tort sufficient to bypass the Workers' Compensation Act unless the employer believed its conduct was substantially certain to cause the injury. No such allegation was found against Diamond Shamrock.
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