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Teets v. Eastern Associated Coal
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA
January 1992 Term
No. 20476
SILVA TEETS,
Plaintiff Below, Appellant

v.
EASTERN ASSOCIATED COAL CORPORATION,
FEDERAL NO. 2,
Defendant Below, Appellee

Appeal from the Circuit Court of Marion County Honorable Fred L. Fox, II, Judge Civil Action No. 86-C-602
REVERSED AND REMANDED ___________________________________________________
Submitted: June 2, 1992 Filed: July 17, 1992
James A. McLaughlin McLaughlin and Curry Fairmont, West Virginia Attorney for the Appellant
Gene W. Bailey, II Jackson & Kelly Charleston, West Virginia Attorney for the Appellee
This Opinion was delivered PER CURIAM.
Justice Brotherton dissents and would affirm the trial court. SYLLABUS BY THE COURT
         "A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law." Syl. pt. 3, Aetna Casualty & Sur. Co. v. Federal Ins. Co. of N.Y., 148 W. Va. 160, 133 S.E.2d 770 (1963).
         "A handicapped person claiming employment discrimination under W. Va. Code, 5-11-9 [1981], must prove as a prima facie case that such a person (1) meets the definition of 'handicapped,' (2) possesses the skills to do the desired job with reasonable accommodations and (3) applied for and was rejected for the desired job. The burden then shifts to the employer to rebut the claimant's prima facie case by presenting a legitimate, nondiscriminatory reason for such person's rejection. An example of such a legitimate, nondiscriminatory reason is that a person's handicap creates a reasonable probability of a materially enhanced risk of substantial harm to the handicapped person or others." Syl. pt. 2, Ranger Fuel Corp. v. Human Rights Comm'n, 180 W. Va. 260, 376 S.E.2d 154 (1988).
         "A disability award by an administrative agency does not in itself constitute a physical impairment which substantially limits an individual's major life activity and thereby renders the individual handicapped within the meaning of W. Va. Code

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