Master Mechanical Insulation v. Richard Simmons

LOUGHRY, Justice:

By order entered on October 16, 2012, the Circuit Court of Cabell County certified three questions to this Court that pertain to the filing of a statutory claim asserting deliberate intention1 by the respondent Richard Simmons. The first question involves an issue of statutory interpretation; the second query seeks clarification regarding the evidentiary effect of Roberts v. Consolidation Coal Co.,2 and the third inquiry pertains to the evidentiary effect of a ruling that Mr. Simmons is eligible for workers’ compensation benefits. We will answer each of the certified…