Ratcliff v. Culpeper Stone Co.

By Judge James W. Haley, Jr.

The issue here for resolution is whether Mark Joseph Ratcliff is barred from pursuing a common law tort action against Culpeper Stone Company and its employee Robert Caldwell by the exclusivity provisions of the Virginia Workman’s Compensation Act.

By Code Section 65.1-40,1 the rights and remedies provided by the Workman’s Compensation Act “shall exclude all other rights and remedies” available to an employee injured during employment.

Code § 65.1-412 grants an exception to this exclusivity, however, if:

the employee’s injury is caused by the negligent act of a party…