IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA
IN THE MATTER OF:
Rick R. Keener
O R D E R
Claimant appeared in person and by counsel, Travis Fitzwater, Attorney at Law.
Joy M. Bolling, Assistant Attorney General, for the State of West Virginia.
An application of the claimant, Rick R. Keener, for an award under the West Virginia Crime
Victims Compensation Act, was filed November 26, 2002. The report of the Claim Investigator, filed
March 21, 2003, recommended that no award be granted, to which the claimant filed a response in
disagreement. An Order was issued on May 21, 2003, upholding the Investigator's recommendation
and denying the claim, in response to which the claimant's request for hearing was filed June 12,
2003. This matter came on for hearing September 30, 2003, claimant appearing in person and by
counsel, Travis Fitzwater, Attorney at Law, and the State of West Virginia by counsel, Joy M.
Bolling, Assistant Attorney General.
On July 13, 2002, the 43-year-old claimant was the victim of criminally injurious conduct at
a bar in Monongalia County. The claimant was struck in the back of the head with a cue stick.
The claim was initially denied because the police report was unclear about what took place with regard to the incident, and because the claimant's intoxication may have been a contributing
factor. Immediately prior to this hearing, the parties agreed that the testimony of the investigating
officer would be taken, and then the claim would be submitted to the Court for the determination of
economic loss. (Transcript, page 3.)
Trooper Devin Barger, who investigated the incident, testified that the claimant did nothing
to provoke the offender or cause himself to become a victim. (Transcript, pages 5-6.)
It was also established that the claimant was covered by Medicaid, and so incurred no medical
expenses. The claimant was given leave to submit any out-of-pocket medical expenses he may still
have, and to document his work loss. (Transcript, page 7.)
Attached to the Claim Investigator's memorandum dated January 21, 2004, was
correspondence from the claimant's employer, Zeni Drilling Company. According to their records,
the claimant missed 12 weeks of work at a gross pay of $5,160.00 for that period. The Claim
Investigator, deducting 20% in taxes, found the claimant's net work loss to be $4,128.00. An award
in that sum is hereby granted as set forth in the memorandum.