For a number of years, W. Va. Code Β§ 23-4-2 (commonly known as the deliberate intent statute) has provided employees with work-related injuries an avenue to circumvent the workers’ compensation immunity afforded to West Virginia employers. In part, the statute provides that the traditional immunity from suit for an employee’s work-related injury “may be lost only if the employer or person against whom liability is asserted acted with ‘deliberate intention,'” which requires proof of certain specific facts.