Supreme Court Tosses Worker's $1.1 Million Award on Deliberate Intention Claim

The West Virginia Supreme Court unanimously overturned an injured worker’s $1.1 million recovery from his employer on a deliberate intention claim based on his fall from an elevated platform. Case: FirstEnergy Generation v. Muto, No. 17-0067, 03/12/2018, published. Facts and procedural history: James Muto worked for FirstEnergy Generation for 23 years prior to an industrial accident that left him permanently disabled. On the morning of Jan. 22, 2013, a FirstEnergy maintenance crew went into the fly ash silo in the solid waste processing building of the Harrison Power Station to r...