The West Virginia Supreme Court of Appeals overturned a lower court ruling that allowed a negligence suit to proceed against a pipeline company, ruling that the state’s workers’ compensation laws bar such litigation.
In a decision Monday, the appeals court ruled that a trial judge erred in allowing the continuation of a lawsuit against Precision Pipeline LLC stemming from an April 12, 2019, incident in which employee Mark Weese suffered serious leg injuries while dragging a fuel hose on a Marshall County construction project. West Virginia.
Mr. Weese received compensatory benefits, but he still filed a lawsuit against the company and two individuals alleging negligence and other claims.
The appeals court wrote that the “sweeping immunity”
; granted to employers in West Virginia means the suit should have been thrown out.Mr. Weese alleged that one of the defendants in his lawsuit, Vanessa Stromberg, was acting as a company’s EMT, even though she was allegedly unqualified to hold that position.
Mr. Weese alleged that the company negligently employed Stromberg, causing him to receive inappropriate and untimely medical care.
Mr. Weese alleged that the defendants did not take him to a hospital for proper medical care so they could earn “monetary security bonuses.”
The defendants argued that allegations in the lawsuit were an attempt to circumvent statutory immunity from litigation, because exclusive labor remedies prevent injured workers from suing employers.
The trial judge allowed the suit to continue, but the appeals court ruled that the defendants are entitled to civil immunity regardless of Mr. Weese’s argument that the company’s allegedly negligent hiring and negligent supervision of Stromberg was not the type of employer negligence covered by state workers’ comp law.
The Court of Appeal referred the case back to the Court of Appeal for further processing.
The issue of workers’ exclusive remedies has been winding its way through the courts recently.
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