Bell v. Vecellio & Grogan, Inc.

RECHT, Justice:

We review for the second time this deliberate intention personal injury claim of a West Virginia ironworker who was injured while working for a West Virginia contractor on a bridge construction site as part of a highway system in Maryland. 1

We are now requested as a matter of first impression to decide whether the “deliberate intention” cause of action expressed within W. Va.Code 2S-4-2(c) (1991) 2 , 3 is a part of the West Virginia workers’ compensation statutory scheme, or whether it is a common law cause of action independent from the workers’ compensation laws of this State.