McGreevy v. Racal-Dana Instruments, Inc.

MEMORANDUM OPINION

ELLIS, District Judge.

This is essentially an employment contract dispute. It presents the question, unsettled in this jurisdiction, whether there exists an “employer intentional tort exception” to the exclusivity provision of the Virginia Worker’s Compensation Act (WCA). 1 Given that the WCA is modeled after the Indiana Act and that the courts of that state, for manifestly sound reasons, have adopted such an exception, this Court does so here. Thus where an employer commits an intentional tort with the intent to injure an employee, this Court concludes that an action by that…