Court of Appeals for the Fourth Circuit September 3, 1982, 81-2204 (Ellis W. Smith v. Acf Industries, Incorporated, a Corporation)

HAYNSWORTH, Senior Circuit Judge:

As most workmen’s compensation acts, West Virginia’s shields an employer from common law tort actions for personal injuries sustained by an employee during the course of his employment. There is an exception, however, if the injury is inflicted with deliberate intention.

In

Mandolidis

v.

Elkins Industries, Inc.,

246 S.E.2d 907 (W.Va.