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RASNICK v. PITTSTON CO., INC.

Record Nos. 870436, 870437.

379 S.E.2d 353 (1989)

Bobbi RASNICK, Administratrix, etc., et al. v. The PITTSTON COMPANY, INC., et al.

Supreme Court of Virginia.

April 21, 1989.

Attorney(s) appearing for the Case

Joseph A. Yablonski (John F. Colwell, Washington, D.C., Daniel R. Bieger, Abingdon, Yablonski, Both & Edelman, Washington, D.C., Copeland, Molinary & Bieger, Abingdon, on briefs), for appellants.

Loren Kieve (William W. Eskridge, Wade W. Massie, Debevoise & Plimpton, Penn, Stuart, Eskridge & Jones, Abingdon, on brief), for appellees.

Present: All the Justices.

LACY, Justice.

In this appeal, we consider under what circumstances the Virginia Workers' Compensation Act allows an injured employee to bring a common-law tort action for negligence.

The facts are undisputed. Clinchfield Coal Company (Clinchfield) develops, mines, processes, and ships coal throughout Southwest Virginia. Clinchfield's business includes engineering, mine safety, mining, processing, and shipping activities...

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