Gallapoo v. Wal-Mart Stores, Inc
In Gallapoo v. Wal-Mart Stores, Inc., 197 W. Va. 172, 475 S.E.2d 172 (1996), an out-of-state worker was injured in West Virginia. The worker sought to bring a deliberate intent cause of action against the out-of-state employer under the deliberate intent provision of West Virginia's workers' compensation statute, namely W. Va. Code 23-4-2.
W. Va. Code 23-4-2(c)(2)(i)-(ii) (1991) (Supp. 1991) blended within the West Virginia workers' compensation scheme the directive that all employees covered by the West Virginia Workers' Compensation Act are subject to every provision of the workers' compensation chapter and are entitled to all benefits and privileges under the Workers' Compensation Act, including the right to file a direct deliberate intention cause of action against an employer pursuant to W. Va. Code 23-4-2(c)(2)(i)-(ii).
The Gallapoo court rejected the cause of action.
The Gallapoo court held in Syllabus point 3:
A non-resident employee who is injured in this State and is protected under the terms and provisions of the workers' compensation laws of a foreign state shall not be entitled to the benefits and privileges provided under the West Virginia Workers' Compensation Act, including the right to file and maintain a deliberate intention cause of action under W. Va. Code 23-4-2(c)(2) (1994).
(197 W. Va. 172, 475 S.E.2d 172.)