Utah Supreme Court Reaffirms 'Intent to Injure' Standard

SALT LAKE CITY - Utah's high court has reinstated a worker's complaint against Chevron U.S.A. after reaffirming its "intent to injure" standard as the applicable test for courts to determine whether the injury falls outside the exclusivity provisions of the Workers' Compensation Act. Helf v. Chevron U.S.A., Inc., No. 20061170 (Utah Sup. Ct.).

The court ruled Feb. 13 that Jenna R. Helf has alleged sufficient facts to show that her injuries from exposure to toxic sludge was the expected result of the work she was asked to perform and not accidental or merely negligent, which would preclude suit.

Helf …