Bias v. Eastern Associated Coal Corp.

(Filed June 23, 2006)

I concur with the conclusion reached by the majority that West Virginia Code § 23-4 — lf(1993) (Repl.Vol.2005) solely addresses the compensability of mental-mental claims1 and, because of its limited scope, does not answer the question certified to this Court as to whether a common law negligence action can be maintained by an employee who sustains a mental injury that lacks an accompanying physical manifestation. Following that conclusion, however, I part ways with the both the reasoning and the ultimate conclusion reached by the majority that the immunity extended to…