William v. City of Newport News

JUSTICE COMPTON, with whom JUSTICE RUSSELL

joins, dissenting.

The General Assembly, in unambiguous language in Title 65.1, has provided that the rights and remedies granted to an employee when he and his employer have accepted the provisions of the Workers’ Compensation Act to pay and accept compensation on account of personal injury by accident “shall exclude all other rights and remedies of such employee” at common law or otherwise, on account of such injury. Code § 65.1-40. In equally unambiguous language, the General Assembly has provided in Title 38.2, dealing with the subject of…