Mizenko v. Electric Motor & Contracting Co.

The primary issue in this appeal is whether a worker who was injured while performing ship repair is barred by the exclusivity provision of the Virginia Workers’ Compensation Act, Code § 65.1-1 et seq. (now Code § 65.2-100 et seq.) (Virginia Act), from asserting a negligence action under the general maritime law against a prime contractor, as well as a subcontractor who was not his employer. We conclude that, under the facts presented in this case, the Virginia exclusivity provision cannot be applied to bar Mizenko’s federal maritime action against Electric Motor and Contracting Company…