Akers v. Quality Carriers, Inc.
2:21-cv-00660
S.D.W. VaFeb 7, 2022Background:
- Plaintiff Russell Akers worked as a tank cleaner for Union Carbide (1977–1985) and its successor Chemical Leaman/Quality Carriers (1985–1991).
- He alleges repeated occupational chemical exposure, no provided hazmat protective gear, and a diagnosis of pancreatic cancer in 2019 which his doctor attributed to prior workplace exposures.
- Akers sued Quality Carriers in 2021; Defendant moved to dismiss under Fed. R. Civ. P. 12(b)(6); Plaintiff did not file a response.
- Defendant argued West Virginia Workers’ Compensation immunity bars common-law claims unless (1) employer defaulted on statutory obligations or (2) the “deliberate intention” exception applies.
- Court determined the 2005 version of W. Va. Code § 23-4-2(c) governs (injury predated 2015), so prior filing of a workers’ compensation claim was not a prerequisite under that version.
- Court held the Complaint fails to plead either statutory exception with the factual specificity required and dismissed the complaint without prejudice.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether employer immunity under W. Va. Code § 23-2-6 bars Akers' common-law claim | Akers alleges workplace exposure caused latent cancer and seeks common-law damages | Quality Carriers contends the statute grants immunity absent proven exceptions | Court: Immunity applies; complaint does not plausibly plead an exception |
| Whether the employer default/nonpayment exception applies | Akers did not allege default but seeks recovery outside WC scheme | Quality Carriers: no allegations of premium default or noncompliance | Court: No factual allegations of default; exception not met |
| Whether filing a WC claim is required before suing under the deliberate-intention exception | Akers benefits from the 2005 statute which did not require filing before suit | Quality Carriers argued the 2015 amendment requires prior filing (or plaintiff failed to allege filing) | Court: 2005 version controls for pre-2015 injuries; filing a WC claim was not a prerequisite here |
| Whether Akers pleaded deliberate-intention (specific intent or unsafe-condition elements) | Alleged hazardous workplace, no protective gear, and gross negligence caused cancer | Quality Carriers: allegations are conclusory; plaintiff fails to plead specific intent or the five elements for unsafe-condition pathway | Court: Allegations are threadbare and lack the required specific facts; deliberate-intention not plausibly pleaded; dismissal granted |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading requires factual content showing plausible claim, not mere conclusions)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility standard for complaints)
- Francis v. Giacomelli, 588 F.3d 186 (4th Cir. 2009) (application of Twombly/Iqbal in Fourth Circuit pleading analysis)
- United Financial Cas. Co. v. Ball, 941 F.3d 710 (4th Cir. 2019) (Workers’ Compensation benefits supplant common-law remedies and confer employer immunity)
- Roney v. Gencorp, 431 F. Supp. 2d 622 (S.D. W. Va. 2006) (applying WV Workers’ Comp framework to latent occupational exposure claims)
- Smith v. State Workmen’s Compensation Comm’r, 219 S.E.2d 361 (W. Va. 1975) (statute in effect at time of injury generally governs)