MIZENKO v. ELECTRIC MOTOR & CONTRACTING

Record No. 910687.

419 S.E.2d 637 (1992)

Michael MIZENKO v. ELECTRIC MOTOR AND CONTRACTING COMPANY, INC., et al.

Supreme Court of Virginia.

June 5, 1992.


Attorney(s) appearing for the Case

Ralph Rabinowitz, Norfolk (Rabinowitz, Rafal, Swartz, Taliaferro & Gilbert, on briefs), for appellant.

Carter B.S. Furr, Norfolk (Jett, Berkley, Furr & Padgett, on brief), for appellee Electric Motor and Contracting Co., Inc.

F. Nash Bilisoly, Norfolk (Thomas J. Duff, Vandeventer, Black, Meredith & Martin, on brief), for appellee Metro Mach. Corp.

Present: All the Justices.


KEENAN, Justice.

The primary issue in this appeal is whether a worker who was injured while performing ship repair is barred by the exclusivity provision of the Virginia Workers' Compensation Act, Code § 65.1-1 et seq. (now Code § 65.2-100 et seq.) (Virginia Act), from asserting a negligence action under the general maritime law against a prime contractor, as well as a subcontractor who was...

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