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Messer v. Huntington Anesthesia Group

218 W. Va. 4, 620 S.E.2d 144 (2005)

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Messer v. Huntington Anesthesia Group

West Virginia Supreme Court of Appeals
218 W. Va. 4, 620 S.E.2d 144 (2005)

Facts

Theresa Messer (plaintiff) was a nurse anesthetist employed by Huntington Anesthesia Group, Inc. (Huntington) (defendant) from 1988 through 2000. Throughout her employment with Huntington, Messer suffered from a herniated disc that limited her ability to lift, stand, and perform her work. Messer’s physician advised Huntington that Messer should not work more than eight hours per day and should refrain from working overtime. Messer claimed that Huntington failed to accommodate her disability and the restrictions imposed by the doctor and that, as a result, her condition worsened to the point at which she was no longer able to work at all. Messer sued Huntington under the West Virginia Human Rights Act (human-rights act), and the circuit court dismissed Messer’s complaint, finding that the state’s workers’-compensation law provided the exclusive remedy for Messer’s injuries. Messer appealed.

Rule of Law

Issue

Holding and Reasoning (Benjamin, J.)

Dissent (Maynard, J.)

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