Alphonso Chinnery v. Gov't of the Virgin Islands, 865 F.2d 68 (3d Cir. 1989). · Go Syfert
Alphonso Chinnery v. Gov't of the Virgin Islands, 865 F.2d 68 (3d Cir. 1989). Cases Citing This Book View Copy Cite
37 citation events (20 in the last 25 years) across 6 distinct courts.
Strongest positive: Randy Shetter, Husband Theresa Shetter, Wife v. Amerada Hess Corporation Hess Oil Virgin Islands Corp., Defendants/third-Party v. Penn Lyon Homes, Inc., Third-Party Randy Shetter and Theresa Shetter, Husband and Wife (ca3, 1994-01-27)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Randy Shetter, Husband Theresa Shetter, Wife v. Amerada Hess Corporation Hess Oil Virgin Islands Corp., Defendants/third-Party v. Penn Lyon Homes, Inc., Third-Party Randy Shetter and Theresa Shetter, Husband and Wife (2×) also: Cited as authority (rule)
3rd Cir. · 1994 · signal: see · quote attribution · 1 verbatim quote · confidence high
when an employee's injury is compensable under a workers' compensation statute, by reason of exclusive remedy provisions ... the employer is not liable for negligence at common law.
discussed Cited as authority (verbatim quote) Shetter v. Amerada Hess Corp. (2×) also: Cited as authority (rule)
3rd Cir. · 1994 · signal: see · quote attribution · 1 verbatim quote · confidence high
when an employee's injury is compensable under a workers' compensation statute, by reason of exclusive remedy provisions ... the employer is not liable for negligence at common law.
discussed Cited as authority (rule) Milton A. Burt v. Lockheed Martin Corp
visuper · 2026 · confidence medium
SX-21-CV-548 2026 VI Super 12P Memorandum Opinion Page 10 Hovensa, L.L.C., 49 V.I. 491 (V.I. 2008) (emphasis supplied) (citing Chinnery v. Gov’t of the V.I., 865 F.2d 68, 71 (3d Cir. 1989)) As stated by the framers of the WCA, The Legislature of the Virgin Islands hereby finds and declares that the inability of common-law rights and remedies in redressing injuries received by workers has given rise to the need for Worker's Compensation legislation that will afford expeditious compensation to employees or their dependents without regard to fault or negligence of employer or employee. 24 V.I.C…
discussed Cited as authority (rule) Robles v. Hovensa, L.L.C.
virginislands · 2008 · confidence medium
A. The Exclusive Remedy Provision of the Workers’ Compensation Act The Virgin Islands WCA “is designed to provide prompt payment of benefits without regard to fault; and to relieve employers and employees of the burden of civil litigation.” Chinnery v. Gov’t of the V.I., 865 F.2d 68, 71 (3d Cir. 1989) (citations and punctuation omitted).
discussed Cited as authority (rule) Smith v. Elias
visuper · 2007 · confidence medium
Recognizing this exception, the Third Circuit has held that: [w]e recognized [. . .] that, regardless of the character of the injury, there is an exception to the exclusivity bar for tort suits where the employee can show that “the conduct [of the employer can] be regarded as so egregious as to exceed the bounds of negligence and constitute the sort of intentional wrongdoing necessary to comprise an exception to the exclusive remedy provision of WCA § 284(a). ” See id. (citing Chinnery v. Government of the Virgin Islands, 865 F.2d 68, 72 (3d Cir. 1989)).
discussed Cited as authority (rule) Gabrielle Eddy v. Virgin Islands Water And Power Authority (2×)
3rd Cir. · 2004 · confidence medium
Corp., 19 V.I. 106, 109 (D.V.I.1982) (quoting 24 V.I.C. § 251(a) (1981)); 7 see Chinnery v. Gov't of the V.I., 865 F.2d 68, 71-72 (3d Cir.1989) (to be compensable under the WCA, "injuries must have arisen out of and in the course of his employment" and have "resulted in a harmful change to him") (internal quotation marks and alterations omitted); see also 6 Arthur Larson, Larson's Workers' Compensation Law § 104.05, at 104-18 to -21 (2000) ("Larson") (analyzing in the context of IIED whether physical injury of the kind dealt with by the relevant workers' compensation statute is present).
discussed Cited as authority (rule) Eddy v. Virgin Islands Water & Power Authority (2×)
3rd Cir. · 2004 · confidence medium
Corp., 19 V.I. 106, 109 (D.V.I.1982) (quoting 24 V.I.C. § 251(a) (1981)); 7 see Chinnery v. Gov’t of the V.I., 865 F.2d 68, 71-72 (3d Cir.1989) *233 (to be compensable under the WCA, “injuries must have arisen out of and in the course of his employment” and have “resulted in a harmful change to him”) (internal quotation marks and alterations omitted); see also 6 Arthur Larson, Larson’s Workers’ Compensation Law § 104.05, at 104-18 to -21 (2000) (“Larson”) (analyzing in the context of IIED whether physical injury of the kind dealt with by the relevant workers’ compensation…
discussed Cited as authority (rule) Davis Ex Rel. Davis v. CMS Continental Natural Gas, Inc.
Okla. · 2001 · confidence medium
Intentional tort exception applicable only when employer consciously desires to injure or believes results are substantially certain to occur.]; Chinnery v. Government of the Virgin Islands, 865 F.2d 68, 71 (3rd Cir.1989) [Applying law of Virgin Islands, hiring of employee with aggressive tendencies not so egregious as to exceed bounds of negligence and constitute intentional wrongdoing.]; DePiano v. Montreal Baseball Club, Ltd., 663 F.Supp. 116, 116-17 (W.D.Pa.1987), aff'd, 838 F.2d 1205 (3rd Cir.1988) [Applying Pennsylvania law, Allegations that coach required injured player to stay in game …
discussed Cited as authority (rule) Monk v. VI Water & Power Auth
3rd Cir. · 1995 · confidence medium
As we have noted, this Act, like "other workers compensation legislation, is designed to 'provide prompt payment of benefits without regard to fault.'" Chinnery v. Government of V.I., 865 F.2d 68, 71 (3d Cir. 1989) (citations omitted).
discussed Cited as authority (rule) Ted Mark Monk v. Virgin Islands Water & Power Authority Quality Electric Supply Company
3rd Cir. · 1995 · confidence medium
As we have noted, this Act, like “other workers compensation legislation, is designed to ‘provide prompt payment of benefits without regard to fault.’ ” Chinnery v. Government of V.I., 865 F.2d 68, 71 (3d Cir.1989) (citations omitted).
discussed Cited as authority (rule) Monk v. Virgin Islands Water & Power Authority
3rd Cir. · 1994 · confidence medium
As we have noted, this Act, like "other workers compensation legislation, is designed to 'provide prompt payment of benefits without regard to fault.'" Chinnery v. Government of VI., 865 F.2d 68, 71 (3d Cir. 1989) (citations omitted).
discussed Cited "see" Figueroa v. Hess Oil Virgin Islands Corp. (2×)
D.V.I. · 2002 · signal: see · confidence high
See Chinnery v. Government of the Virgin Islands, 865 F.2d 68, 71 (3d Cir. 1989), quoted in Monk, 53 F.3d at 1393-94 .
discussed Cited "see" Gass v. Virgin Islands Telephone Corp. (2×) also: Cited "see, e.g."
D.V.I. · 2001 · signal: see · confidence high
See Monk, 32 V.I. at 444 , 53 F.3d at 1393 (“[T]his Act ... is designed to ‘provide prompt payment of benefits without regard to fault’ [and] ‘to relieve employers and employees of the burden of civil litigation.’ ”) (quoting Chinnery v. Government of the Virgin Islands, 865 F.2d 68, 71 (3d Cir.1989)).
cited Cited "see" Eddy v. Virgin Islands Water and Power Authority
D.V.I. · 1997 · signal: see · confidence high
See, Chinnery v. Government of the Virgin Islands, 865 F.2d 68 (3d Cir. 1989).
cited Cited "see, e.g." James v. International Business MacHines Corp.
E.D. Pa. · 1990 · signal: see, e.g. · confidence low
See, e.g., Chinnery v. Government of Virgin Islands, 865 F.2d 68 , 71 n. 4 (3d Cir.1989) (“Obviously, an employee by foregoing an exclusive remedy may not create another basis for recovery.”).
discussed Cited "see, e.g." Lavallee Northside Civic Association and Lavallee Village Development Assoc., Inc., in No. 88-3247 v. Virgin Islands Coastal Zone Management Commission, in No. 88-3247. Lavallee Northside Civic Association, and Lavallee Village Development Association, Inc., in No. 88-3593 v. Virgin Islands Board of Land Use Appeals, in No. 88-3593
3rd Cir. · 1989 · signal: see also · confidence low
See also Chinnery v. Government of the Virgin Islands, 865 F.2d 68 , 71 n. 4 (3d Cir.1989); Moore v. Graybeal, 843 F.2d 706 , 711 n. 5 (3d Cir.1988). 63 However, the Court of Appeals for the Eleventh Circuit applied a form of equitable tolling to a case in which the time set in the statute may be construed as jurisdictional in nature.
cited Cited "see, e.g." LaVallee Northside Civic Ass'n v. Virgin Islands Coastal Zone Management Commission
3rd Cir. · 1989 · signal: see also · confidence low
See also Chinnery v. Government of the Virgin Islands, 865 F.2d 68 , 71 n. 4 (3d Cir.1989); Moore v. Graybeal, 843 F.2d 706 , 711 n. 5 (3d Cir.1988).
Retrieving the full opinion text from the archive…
Alphonso CHINNERY
v.
GOVERNMENT OF the VIRGIN ISLANDS, Appellant
87-3816.
Court of Appeals for the Third Circuit.
Jan 12, 1989.
865 F.2d 68
1989 U.S. App. LEXIS 185
Clarence A. Martin, Jr. (argued), Michael W.L. McCrory, Dept, of Justice, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, for appellant., Iver A. Stridiron (argued), Law Firm of Iver A. Stridiron, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, for appellee.
Greenberg, Scirica, Weis.
Cited by 21 opinions  |  Published

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I.

Defendant, Government of the Virgin Islands, appeals from the district court’s judgment of October 23, 1987 awarding damages of $17,500 to plaintiff Alphonso Chinnery. We have jurisdiction under 28 U.S.C. § 1291. While the judgment from which the Government appeals was rendered after a nonjury trial, the facts in this[*70] case are not in dispute. Thus, we are concerned only with the interpretation and application of legal precepts and our review is plenary. United States v. Adams, 759 F.2d 1099, 1106 (3d Cir.), cert. denied, 474 U.S. 906, 971, 106 S.Ct. 275, 336, 88 L.Ed.2d 236 (1985).

II.

The facts are as follows. On May 13, 1983, Chinnery, a truck driver employed by the Government in the Division of Solid Waste of the Department of Public Works, was driving a garbage truck accompanied by his daughter. He had completed one run to pick up garbage. At that time Chin-nery was stopped by his supervisor, Roan Creque, [1] who told him to go to another place to pick up other garbage. Creque then verbally reprimanded him for violating a departmental rule against allowing unauthorized riders in garbage trucks, and for being out of uniform. As Chinnery drove away, Creque slipped into the street gutter, perhaps after being struck by the side mirror of the truck. After Chinnery stopped the truck, Creque approached it, struck Chinnery several times, apparently through the open driver’s side window, and, when Chinnery alighted from the truck, threatened to shoot him with a pistol which he had drawn. [2]

As a result of Creque’s assault, Chinnery suffered a cerebral concussion, headaches, dizziness, lacerations, and bruises, as well as a nervous disorder. Consequently, he missed one week of work and also allegedly retired approximately one-half year earlier than he had planned. [3]

On November 22, 1983, Chinnery filed a complaint against the Government under the Virgin Islands Tort Claims Act, V.I. Code Ann. tit. 33, §§ 3401-16 (1967 & Supp. 1987). He alleged that the Government was “grossly negligent” in recruiting, hiring and training Creque and permitting him to work for the Government, since it “knew, should have known, or was negligent for not knowing of [Creque’s] violent and dangerous temperament,” and that the Government’s “various negligent acts” resulted in Chinnery’s alleged injuries, which were directly caused by Creque’s “wanton and malicious conduct.” On April 27, 1985, the Government filed a motion to dismiss, or, in the alternative, for summary judgment, based primarily on the exclusive remedy provision, § 284(a), of the Virgin Islands Workmen’s Compensation Act, V.I. Code Ann. tit. 24, §§ 251-85, (1970 & Supp. 1987) [hereinafter WCA], and also on the fellow servant rule. The exclusive remedy provision is as follows:

[w]hen an employer is insured under this chapter, the right herein established to obtain compensation shall be the only remedy against the employer; but in case of accident to, or disease or death of, an employee not entitled to compensation under this chapter, the liability of the employer is, and shall continue to be the same as if this chapter did not exist.

This motion was denied by the district court in an order of September 12, 1985.

At the trial only Chinnery called witnesses. In its Memorandum and Order, dated October 23, 1987, deciding the case following the trial, the district court rejected Chinnery’s negligent recruitment, hiring and training claims, but found that the Government had negligently retained Cre-que “after learning of his violent disposition.” The court held that Chinnery could not recover under the WCA for injuries he suffered as a result of this negligent retention but that he was entitled to a recovery under the Tort Claims Act. Damages were fixed at $17,500.

[*71] The Government has appealed. While it does not contend that it was not negligent in retaining Creque, it urges that the judgment of the district court should be reversed and the complaint dismissed as WCA § 284(a) provided the exclusive remedy to Chinnery for his injuries. We have concluded that the Government is correct and the district court’s judgment must be reversed and the action dismissed.

III.

The WCA, as other workers compensation legislation, is designed to “provide prompt payment of benefits without regard to fault; and to relieve employers and employees of the burden of civil litigation.” Champlain Cable Corp. v. Employers Mutual Liab. Ins. Co., 479 A.2d 835, 840 (Del.1984). See also Wilson v. Asten-Hill Mfg. Co., 791 F.2d 30, 32 (3d Cir.1986); Dudley v. Victor Lynn Lines, Inc., 32 N.J. 479, 484, 161 A.2d 479, 484 (1960); Wilson v. Faull, 27 N.J. 105, 116, 141 A.2d 768, 774 (1958). Courts construe the provisions of workers’ compensation statutes liberally in favor of employees to allow recovery for injuries in order to accomplish this underlying legislative purpose. See Carmona v. de Jongh, 157 F.Supp. 540, 542 (D.V.I.1958); Torres v. Trenton Times Newspaper, 64 N.J. 458, 461, 317 A.2d 361, 362 (1974).

When an employee’s injury is compensable under a workers’ compensation statute, by reason of exclusive remedy provisions, such as WCA § 284(a), the employer is not liable for negligence at common law. See Claxon v. Vick, 18 V.I. 337, 340 (D.V.I.1981); Tremonte v. Jersey Plastic Molders, Inc., 190 N.J.Super. 597, 600, 464 A.2d 1193, 1195 (App.Div.1983); Jett v. Dunlap, 179 Conn. 215, 217, 425 A.2d 1263, 1264 (1979); see also 2A A. Larson, The Law of Workmen’s Compensation § 65.00 (1988) [hereinafter A. Larson]. Nor, of course, would an employer be liable under a statutory procedure permitting a recovery on negligence principles such as the Virgin Islands Tort Claims Act. Thus, we must ascertain whether Chinnery could have recovered for his injuries under the WCA. [4]

In order to be compensable under the WCA, Chinnery’s injuries must have “aris[en] out of and in the course of his employment,” § 252(a). [5] They must have also resulted in a harmful change to him. WCA § 251(a).

The courts of the Virgin Islands have interpreted the time and place causation requirements of § 252(a) in an “extremely broad” manner. Jones v. James, 17 V.I. 361, 364 (D.V.I.1980). Thus “the injury arises out of the employment if it arises out of either the nature, conditions, obligations, or incidents of the employment.” Hammer v. Workmen’s Compensation Comm’n, 2 V.I. 56, 67 (D.V.I.1945), rev’d on other grounds, 156 F.2d 402 (3d Cir.1946) (emphasis added). [6] Clearly Chin-nery’s injuries met this test as the dispute with Creque was generated by Chinnery’s use of the Government’s garbage truck.[*72] Furthermore, since Chinnery was driving the truck during his assigned work tour, there is no doubt that his injuries occurred “in the course of employment.” See Tocci v. Tessler & Weis, Inc., 28 N.J. 582, 586, 147 A.2d 783, 785 (1959). Nor is there any doubt that these personal injuries comprised the sort of “harmful change in the human organism” required for compensa-bility by WCA § 251(a) and § 252(a). See 1B A. Larson §§ 42.00, 42.10 (1987). Thus, Chinnery had a remedy against the Government under the WCA for the injuries he suffered as a result of Creque’s attack.

It does not matter that Creque’s actions were intentional. An assault may arise out of and in the course of employment. See Sands v. Union Camp Corp., 559 F.2d 1345, 1347-48 (5th Cir.1977) (applying Georgia law); Brown v. Winn-Dixie Montgomery, Inc., 469 So.2d 155, 158 (Fla.App.1985). The assault here was not the product of personal animosity “extraneous to the work environment.” See Williams v. Munford, Inc., 683 F.2d 938, 939 (5th Cir.1982).

In arriving at its judgment, the district court concluded that “Chinnery’s cause of action is framed in terms of a non-physical tort, negligent retention, even though physical injuries resulted from his employer’s negligence.... [and] the tort of negligent retention of an incompetent employee is not insurable under our workmen’s compensation statute.” [7] For this conclusion the district court relied on Robinson v. Hess Oil Virgin Islands Corp., 19 V.I. 106, 109 (D.V.I.1982), which indicated that “the exclusive remedies bar [WCA § 284(a) ] may not be interposed where the injuries complained of are the result of an intentional wrong or ... are not of the type which are injurable or compensable under the” WCA. We, however, are unable to relate Robinson to this case. There the court held that an employee’s action against an employer arising from an allegedly wrongful termination and asserting claims for defamation, emotional distress and breach of contract were not barred by the exclusivity provisions of the WCA. We do not see how such a case has any precedential value in a case where an employee is physically injured on the job.

In any event we cannot accept the judge’s conclusions. While it is true that the Government did not directly physically injure Chinnery, it is apparent that Chin-nery suffered physical injury which did arise out of and in the course of his employment. Chinnery’s attempt to categorize his injury as nonphysical does not change our conclusion. Mergenthaler v. Asbestos Corp. of America, 480 A.2d 647, 650 (Del.1984); see 2A A. Larson §§ 68.30, 68.34(a) (1988). Nor does it matter that Chinnery also suffered mental or nervous injuries. While the judge was undoubtedly correct that the tort of negligent retention of an incompetent employee is not covered by the WCA, that is not the issue in this case. An employee does not recover under the WCA for a tort. He receives compensation because he suffered an injury arising out of and in the course of employment. There is no more an exception to his right to a recovery by reason of the fact that the injuries were inflicted by another employee negligently retained by the employer than there are exceptions for injuries caused by other acts of negligence of the employer such as failing to supply a safe place to work or failing to train the employee adequately.

We also point out that the conduct of the Government cannot possibly be regarded as so egregious as to exceed the bounds of negligence and constitute the sort of intentional wrongdoing necessary to comprise an exception to the exclusive remedy provision of WCA § 284(a). See Johnson v. Mountaire Farms of Delmarva, Inc., 305 Md. 246, 253, 503 A.2d 708, 712 (1986); Millison v. E.I. du Pont de Nemours & Co., 101 N.J. 161, 162, 501 A.2d 505, 506, 514 (1985). Further, Creque’s conduct in assaulting Chinnery cannot be[*73] imputed to the Government since Creque was not acting as the Government’s alter ego, nor was his misconduct intentionally directed or authorized by the Government. See Perille v. Raybestos-Manhattan-Europe, Inc., 196 Conn. 529, 532-533, 494 A.2d 555, 557-58 (1985); Schatz v. York Steak House Systems, Inc., 51 Md.App. 494, 497, 444 A.2d 1045, 1047 (1982); Brown v. Winn-Dixie Montgomery, Inc., 469 So.2d at 157; see also 2A A. Larson §§ 68.00, 68.21 (1988).

IV.

Inasmuch as Chinnery’s negligence action is barred by the exclusivity provision of the WCA, § 284(a), the district court’s judgment of October 23, 1987, will be reversed, and the matter will be remanded to the district court for entry of a judgment in favor of the Government dismissing the complaint.

1

. Creque’s title is given variously in the record as Assistant Director of Sanitation, Assistant Director of Solid Waste, and Director of Sanitation.

2

. Chinnery’s counsel asserted during the district court trial that Creque was convicted of assault and battery in the Territorial Court of the Virgin Islands in October, 1983.

3

.The Government has apparently accepted the district court’s finding that Chinnery actually suffered injuries which were proximately caused by Creque’s conduct, at the time and place indicated in Chinnery’s complaint.

4

. We will not consider herein whether Chinnery has lost that right by reason of the passage of time and his failure, if such is the case, to file a claim under the WCA. See WCA § 258. Obviously an employee by foregoing an exclusive remedy may not create another basis for recovery. It is possible, however, that even if a workmen’s compensation proceeding might otherwise be barred as untimely, Chinnery’s rights under the WCA may have been preserved by the bringing of this action. See Moore v. Graybeal, 843 F.2d 706, 711 n. 5 (3d Cir.1988); Townsend v. Great Adventure, 178 N.J.Super. 508, 517, 429 A.2d 601, 606 (App.Div.1981).

5

. WCA § 252(a) provides, in pertinent part, that

[e]very employer shall pay compensation as hereinafter specified for the disability or death of an employee resulting from a personal injury or occupational disease arising out of and in the course of his employment, irrespective of fault as a cause of the injury or death.

WCA § 251(a) defines the Government as an "employer" under the Workmen’s Compensation Act.

6

.This test is similar if not identical, to the "positional risk,” or "but-for,” test adopted in other jurisdictions. See Doe v. St. Michael’s Medical Center, 184 N.J.Super. 1, 7, 445 A.2d 40, 44 (App.Div.1982); 1 A. Larson §§ 6.00, 6.50 (1985). The Hammer case was based on an earlier version of workers’ compensation law in the Virgin Islands.

7

. The court in Brown v. Winn-Dixie Montgomery, Inc., 469 So.2d at 157, in dictum, specifically stated that an employee’s action against an employer based on the negligent retention of a dangerous employee would be barred by the exclusivity provision of the applicable workers’ compensation statute.