Keith L. Ketterman v. West Virginia Division of Highways

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Keith L. Ketterman’s workers’ compensation claim for a left shoulder rotator cuff tear allegedly caused by repetitive work activities. The court held that the record did not establish that the condition resulted from his employment and found no substantial question of law or prejudicial error.

Holdings

1. The claim was not compensable because Ketterman failed to present sufficient evidence that his left shoulder rotator cuff tear resulted from his work duties.
2. The court was required to defer to the Board of Review's findings and could not conduct a de novo reweighing of the evidence; questions of law were reviewed de novo.

Questions Presented

1. Whether Ketterman established that his left shoulder rotator cuff condition was a compensable personal injury received in the course of and resulting from his employment.
2. Whether the Board of Review's affirmance of the denial of compensability was supported under the applicable deferential standard of review.

Disposition

affirmed