Fose v. Gwaltney of Smithfield, Ltd.

BY JUDGE MARK S. DAVIS

This matter is before the Court on defendant’s plea in bar based upon the exclusivity provisions of the Virginia Workers’ Compensation Act contained in Virginia Code § 65.2-307. The factual and procedural background of the case, discussion of the issues and conclusions are set forth below.1

I. Factual and Procedural Background

Plaintiff, Jeffrey Fose, alleges in his Motion for Judgment that, “on or about August 5, 2000, [he] was engaged in his duties as an employee of Coastal Fire Protection and was on the premises of Gwaltney of Smithfield, Ltd., to effect maintenance and…