‘No Supporting Legal Authority’: Workers’ Compensation Immunity Bars Injured Employee’s Suit Against Co-Workers | Law.com

The West Virginia Supreme Court unanimously concluded that a circuit court erred in denying the petitioners’ motion to dismiss claims filed against them by an injured co-worker because workers’ compensation immunity applies to bar his claims.

In a March 6 opinion, the state high court reversed a ruling issued by Marshall County Circuit Judge David W. Hummel Jr., that denied Precision Pipeline and two of its employees, Jason Stromberg and Vanessa Stromberg’s motion to dismiss a complaint filed by another employee, Mark Weese, after determining workers’ compensation immunity barred the respondent’s common law tort claims against the petitioners.

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