'No Supporting Legal Authority': Workers' Compensation Immunity Bars Injured Employee's Suit Against Co-Workers
“Respondent’s own account of the events at issue—including that the employees’ actions were motivated by monetary safety bonuses allegedly offered by their employer—clearly shows that they were acting in furtherance of their employer’s business, albeit negligently so. As such, Stromberg and her fellow employees are immune from suit. The circuit court erred in finding otherwise and in refusing to dismiss respondent’s complaint for failing to state a claim under Rule 12(b)(6),” wrote Justice John A. Hutchison on behalf of the West Virginia Supreme Court.
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