Justices Say Immunity Blocks Mental Injury Tort Route

The West Virginia Supreme Court ruled that an employee who is precluded by law from receiving workers' compensation benefits for a mental injury without physical manifestation cannot proceed with a tort suit against his employer. The justices applied the findings of a 2006 case about "mental-mental" injuries to the present matter and concluded that the plaintiff could not show a clear right to sue the employer for common-law negligence. Donald Darling worked for the state Attorney General's Office from October 1991 until July 1, 2002, when he resigned. He stopped working because of ch...