Notwithstanding the provisions of this article and the further provisions of 23-4-2 of this code which permits the filing of a civil cause of action against an employer for damages in excess of benefits received or receivable in a workers compensation claim, if it is determined that the employer acted with deliberate intention, when a claim for workers compensation benefits is awarded to an employee pursuant to 23-1-1 et seq. of this code for a work-related injury, disease, or death caused by or arising from COVID-19 in the course of and resulting from covered employment, such claim for workers compensation benefits shall be the sole and exclusive remedy for such injury, disease, or death and the immunity from suit provided under 23-2-6 and 23-2-6a of this code shall be and remain in full force and effect.
Structure West Virginia Code