Middlekauff v. Allstate Insurance

In this appeal, we consider whether, as the trial court ruled, a plaintiff who alleges that a fellow employee intentionally inflicted severe emotional distress on her in the course of her employment is barred by the exclusivity provision (Code § 65.2-307) of the Virginia Workers’ Compensation Act (the Act), Code §§ 65.2-100 to -1310, from bringing an action at law based on this injury. To resolve this issue, we must determine whether the plaintiff alleges an injury arising out of her employment, within the meaning of Code § 65.2-101.

Texanna Middlekauff filed her motion for judgment against…