Karim Robles ("Robles") sued his employer, HOVENSA, L.L.C. ("HOVENSA"), alleging that he was injured from exposure to hydrogen sulfide gas in the course of his employment. The Superior Court of the Virgin Islands dismissed the complaint upon finding that Robles' common law tort claims are barred by the exclusive remedy provision of the Workers' Compensation Act (the "WCA"), title 24, section 284(a) of the Virgin Islands Code. According to the trial court, Robles' complaint failed to state a claim upon which relief could be granted because it did not adequately allege that HOVENSA deliberately and intentionally injured him. Robles appealed, asserting that he did allege intentional wrongdoing under the substantial certainty test which is applied in a minority of American jurisdictions. Under the substantial certainty test, intentional conduct includes situations in which the employer believes that the injury is substantially certain to result. Because we conclude that the substantial certainty test is not applicable in the Virgin Islands, we affirm the decision of the Superior Court.
Supreme Court Of The Virgin Islands