Bias v. Eastern Associated Coal Corp.

(Filed July 18, 2006)

In this proceeding, the majority opinion has held that the immunity afforded employers under W. Va.Code § 23-2-6 (2003), precludes an employee from bringing a so-called mental-mental cause of action against an employer. I concur fully in the decision of the majority opinion. I have chosen to write separately to underscore the limitations of the Certain Remedy Clause of our State Constitution. I want to be clear. The decision reached in this case is supported by precedents in other jurisdictions. Moreover, this Court can no longer apply the rule of liberality to workers’…