Being argued this week before the Supreme Court is the case of Hilton v. Martin, where one of the issues is this:
The trial court erred in sustaining the Defendants' Motion to Dismiss and Plea in Bar to the Plaintiff's Second Amended Complaint and dismissing it in its entirety on the basis that the claims are barred by the exclusive remedy provisions of the Virginia Workers' Compensation Act because Martin's actions of deliberately striking his fellow employee, Ms. Rhoton, with charged cardiac defibrillator paddles were personal in nature and did not arise out of their employment with Highlands Ambulance Services, Inc.
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