Giordano v. McBar Industries, Inc.

PRESENT: All the Justices MARTHA R. GIORDANO, AS PERSONAL REPRESENTATIVE OF SCOTT ALEXANDER GIORDANO, DECEASED OPINION BY v. Record No. 111771 JUSTICE CLEO E. POWELL JUNE 7, 2012 McBAR INDUSTRIES, INC., ET AL. FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Clarence N. Jenkins, Jr., Judge In this appeal from a judgment in a wrongful death action, we consider whether the circuit court erred in holding that the exclusivity provision of the Virginia Workers’ Compensation Act (the “Act”) bars a non-dependent individual who is not eligible to collect benefits under the Act from bringing an action…