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State court of last resort · ST-VA-SC
Gibbs v. Newport News Shipbuildng & Drydock Co.
No. 111870Supreme Court of Virginia
111870 Gibbs v. Newport News Shipbuildng & Drydock Co. 11/01/2012 The exclusivity provision of the Virginia Workers' Compensation Act, Code § 65.2-307(A), applies only when an employer and employee have both a…
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111870 Gibbs v. Newport News Shipbuildng & Drydock Co. 11/01/2012 The exclusivity provision of the Virginia Workers' Compensation…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 1, 2012
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111870 Gibbs v. Newport News Shipbuildng & Drydock Co. 11/01/2012 The exclusivity provision of the Virginia Workers' Compensation Act, Code § 65.2-307(A), applies only when an employer and employee have both accepted the provisions of the Act, respectively, to pay and accept compensation. Because the United States Navy would not in any circumstances have been liable to pay compensation under the Act, it was not a shipyard's statutory employer in a wrongful death case arising from asbestos exposure suffered by a Navy seaman assigned to perform testing and inspection duties on nuclear submarines under construction at the defendant shipyard in the 1960s. The laws of Virginia cannot subject the…
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