Morris v. Consolidation Coal Co.
West Virginia Supreme Court of Appeals
191 W. Va. 426, 446 S.E.2d 648 (1994)
- Written by Miller Jozwiak, JD
Facts
Dale Morris (plaintiff) worked for Consolidation Coal Company (Consolidation) and received medical treatment from Dr. Michael Schwarzenberg (defendant). After an alleged workplace incident, Morris claimed to have suffered leg and back injuries. In the following days, Morris did not go to work. Morris received treatment from Schwarzenberg. A few months later, a Consolidation representative went to Schwarzenberg’s office and showed the physician photos of Morris digging trenches only days after the alleged accident. Consolidation had not received Morris’s consent to contact his physician. Schwarzenberg then sent a letter to the state’s workers’-compensation program in which he stated that he was unable to certify Morris as disabled. The program later rejected Morris’s application, and Morris eventually lost his job at Consolidation. As a result of these events, Morris sued Schwarzenberg and Consolidation for breaching his confidential relationship with Schwarzenberg. The trial court certified multiple questions to the West Virginia Supreme Court of Appeals, including whether these claims were even cognizable.
Rule of Law
Issue
Holding and Reasoning (McHugh, J.)
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