Mandolidis/Deliberate Intent

WEST VIRGINIA MEDIATION LAWYER; WEST VIRGINIA ALTERNATIVE DISPUTE RESOLUTION LAWYER; WEST VIRGINIA WORKPLACE INJURY MEDIATOR

As is well-known in the legal and business communities, under certain defined circumstances, West Virginia law allows employees to sue their employers for personal injury damages even if workers’ compensation benefits are recovered. This cause of action arose from the West Virginia Supreme Court’s opinion, Mandolidis v. Elkins Industries, Inc., 161 W.Va. 695, 246 S.E.2d 907 (1978), and has since been codified by the West Virginia Legislature.  It is now known as a “Deliberate Intention” action.  See W. Va. Code 23-4-2(c) and 23-4-2(d)(2)(i) and (ii), as amended.

The litigation of deliberate intent cases can become very contentious and expensive because the parties are required to retain multiple expert witnesses and must often litigate through the summary judgment motion stage before the matter is ready for settlement.  One alternative parties should consider is early dispute resolution with a mediator who is knowledgeable about the West Virginia law governing deliberate intention actions. Of course, hiring a mediator with such knowledge is even more important once the parties stand at the brink of trial with summary judgment motions pending.

Some of the issues arising from deliberate intent actions are addressed from time-to-time in my blog, Mediating Certainty, where I make posts concerning mediation generally and concerning important West Virginia legal developments.

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