CHARLESTON — The West Virginia Supreme Court ruled that workers' compensation immunity keeps two workers for the city of Shinnston liable for the death of a co-worker.
After Rhonda Stark’s husband died in a workplace accident in 2019, she received workers’ compensation dependent benefits based on Robert Stark’s employment with the city of Shinnston.
"She then sued two of Mr. Stark’s supervisors – Petitioners Chad Edwards and Matthew Maxwell – claiming that they are liable for his death based on theories of deliberate intent under West Virginia Code ... and the tort of intentional and reckless conduct," Justice Beth Walker wrote in the Supreme Court opinion. "Petitioners moved to dismiss the claims against them on the grounds of workers’ compensation immunity and immunity under the Governmental Tort Claims and Insurance Reform Act, but the lower court found that they could be held personally liable and denied the motion."
The Supreme Court found that workers’ compensation immunity insulates Edwards and Maxwell from liability for claims other than for heightened deliberate intent, however, in this case, Rhonda Stark fails to state a heightened deliberate intent claim because under no set of facts consistent with her allegations can she prove the elements of a claim.
"So, we reverse the circuit court’s order and remand this case with instructions to enter an order granting Petitioners’ motion to dismiss," Walker wrote.
Robert Stark died June 14, 2019, while digging a trench for the city of Shinnston and his wife claims while the city was planning the project, some of its employees told their supervisors that it exceeded their capabilities because unstable soil surrounded the area, the project required a deep trench, the city’s equipment was unsuitable and it had failed to properly train them.
The city initially considered contracting the job to a more capable third party but refused all quotes and instead chose to use the city's current equipment and employees.
While Robert Stark was digging the trench, it collapsed and killed him, according to the opinion.
Rhonda Stark received workers' compensation benefits from the city and she also filed a complaint against Maxwell and Edwards in Harrison Circut Court in 2020. In the suit, Maxwell and Edwards sought dismissal, but the circuit court denied the petition.
Maxwell and Edwards then appealed to the Supreme Court.
"We have found claims do not meet the deliberate intent pleading requirement without referencing the deliberate intent statute," the opinion states. "Even if we consider the alleged conduct as a deliberate intent claim, this count fails to state a claim upon which relief may be granted."
The respondent cannot prove that the petitioners subjectively desired to kill Robert Stark by violating the safety standards at issue in this case, the opinion states.
"So, Petitioners’ workers’ compensation immunity shields them from this claim, too," Walker wrote. "For these reasons, we find that Respondent failed to state a valid deliberate intent claim in Counts I and II. So, Petitioners' workers' compensation immunity insulates them from the claims, and we remand for the circuit court to enter an order granting their motion to dismiss."
West Virginia Supreme Court of Appeals case number 21-0589
