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SKAGGS v. EASTERN ASSOCIATED COAL CORP.

No. 30190.

569 S.E.2d 769 (2002)

212 W.Va. 248

Shelby D. SKAGGS, Plaintiff Below, Appellant v. EASTERN ASSOCIATED COAL CORP., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided: June 28, 2002.

Concurring Opinion of Chief Justice Davis July 17, 2002.

Attorney(s) appearing for the Case

Roger D. Forman, Michael R. Crane, Forman & Crane, L.C., Charleston, for Appellant.

Steven P. McGowan, Ancil G. Ramey, Hannah B. Curry, Steptoe & Johnson, P.L.L.C., Charleston, for Appellee.

STARCHER, Justice:

In this appeal from the Circuit Court of Boone County, we are asked to examine an order granting summary judgment against a plaintiff-employee who alleges he was terminated from his job, and thereby discriminated against by his defendant-employer, for receiving workers' compensation benefits. The defendant alleges that the plaintiff voluntarily accepted workers' compensation rehabilitation services, and in doing so voluntarily indicated he was unable...

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