November 6th, 2013
The United States District Court for the Southern District of West Virginia certifies the following question to the Court:
Does the "deliberate intention" exception to the exclusivity of workers' compensation benefits outlined in West Virginia Code § 23-4-2(d)(2)(ii) apply to "persons" (supervisors and co-employees) as well as employers?
The District Court did not propound an answer.
Pending before the District Court is petitioner's motion to remand this West Virginia Code § 23-4-2(d)(2)(ii) "deliberate intention" case to the Circuit Court of Boone County for lack of complete diversity. Petitioner's decedent was a resident of Boone County. Respondent Apogee Coal Co, LLC and its holding company, Respondent Patriot Coal Corporation, are incorporated in Delaware. Respondent J.R. Browning, decedent's supervisor at Apogee Coal Co., is a resident of Logan County. The case was removed to the District Court on the ground of fraudulent joinder of Respondent J.R. Browning. The resolution of petitioner's motion to remand hinges on the meaning of West Virginia Code § 23-4-2(d)(2)(ii). U. S. D
