George E. Keaton v. Beckley Garbage Disposal
Docket: 23-24
Court: West Virginia Supreme Court; July 12, 2024; West Virginia; State Supreme Court
Original Court Document: View Document
George E. Keaton appeals the November 18, 2022, decision of the Intermediate Court of Appeals (ICA) affirming the West Virginia Workers’ Compensation Office of Judges' orders from April 21, 2021, and September 1, 2021. These orders closed Keaton's claim for temporary total disability benefits and denied his request to add conditions—including right shoulder pain, bursitis, impingement, and arthropathy—as compensable injuries related to a work-related fracture of the right clavicle sustained while pushing a dumpster. Keaton contends that the ICA erred in its affirmance, while Beckley Garbage Disposal, his employer, argues that Keaton has not demonstrated any procedural errors or abuse of discretion by the lower tribunals. The Supreme Court of Appeals applies de novo review to legal questions and gives deference to factual findings unless they are clearly wrong. After reviewing the case records and briefs, the Supreme Court found no reversible error and affirmed the ICA's decision. Dissenting opinions from Justices John A. Hutchison and William R. Wooton argue for a more thorough examination of the case, suggesting that Keaton should be granted a Moore hearing to assess whether his claimed conditions represent discrete new injuries rather than merely aggravated preexisting conditions. They highlight the need for a comprehensive evaluation of causation as mandated by precedent, asserting that the current ruling denies Keaton a fair assessment of his claims.