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BIAS v. EASTERN ASSOCIATED COAL CORP.

No. 32778.

640 S.E.2d 540 (2006)

Berchie Eugene BIAS and Patricia Carol Bias, Plaintiffs, v. EASTERN ASSOCIATED COAL CORPORATION, Defendant.

Supreme Court of Appeals of West Virginia.

Decided: June 8, 2006.

Concurring and Dissenting Opinion of Justice Albright June 23, 2006.

Dissenting Opinion of Justice Starcher July 13, 2006.

Concurring Opinion of Justice Davis July 18, 2006.

Attorney(s) appearing for the Case

Norman W. White, Brian L. Ooten, Shaffer & Shaffer, P.L.L.C., Madison, for Plaintiffs.

Ancil G. Ramey, H. Toney Stroud, Steptoe & Johnson, P.L.L.C., Charleston, for Defendant.

Benjamin, Justice:

The Circuit Court of Boone County has certified to this Court the following question of law:

Whether an employee who sustains a mental injury without physical manifestation and, as such, is precluded from receiving Workers' Compensation benefits pursuant to West Virginia Code § 23-4-1f, can maintain a common law negligence action against his employer, despite the immunity afforded by West Virginia Code § 23-2-6.

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