Bias v. Eastern Associated Coal Corp.

BENJAMIN, Justice:

The Circuit Court of Boone County has certified to this Court the following question of law:

Whether an employee who sustains a mental injury without physical manifestation and, as such, is precluded from receiving Workers’ Compensation benefits pursuant to West Virginia Code § 23-4-lf, can maintain a common law negligence action against his employer, despite the immunity afforded by West Virginia Code § 23-2-6.

We answer the question in the negative.

I

FACTS AND PROCEDURAL HISTORY

The pertinent facts related to the claims of plaintiff, Berchie Eugene Bias, are undisputed and are…