Murray American Energy, Inc. v. Richard Yost, Jr. ( 2024 )


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  •                                                                                 FILED
    August 1, 2024
    C. CASEY FORBES, CLERK
    SUPREME COURT OF APPEALS
    STATE OF WEST VIRGINIA                              OF WEST VIRGINIA
    SUPREME COURT OF APPEALS
    Murray American Energy, Inc.,1
    Employer Below, Petitioner
    v.)    No. 23-88    (JCN: 2020010683)
    (ICA No. 22-ICA-120)
    Richard Yost, Jr.,
    Claimant Below, Respondent
    MEMORANDUM DECISION
    Petitioner Murray American Energy, Inc. appeals the January 10, 2023, memorandum
    decision of the Intermediate Court of Appeals of West Virginia (“ICA”). See Murray American
    Energy, Inc. v. Yost, No. 22-ICA-120, 
    2023 WL 152219
     (W. Va. Ct. App. Jan. 10, 2023)
    (memorandum decision). Respondent Richard Yost, Jr. filed a timely response.2 The issue on
    appeal is whether the ICA erred in affirming the August 22, 2022, decision of the West Virginia
    Workers’ Compensation Board of Review. In its order, the Board of Review affirmed the April
    29, 2022, order issued by the Worker’s Compensation Office of Judges, which modified the claim
    administrator’s August 3, 2021, order to add post-concussional syndrome and post-traumatic
    headaches as secondary conditions in the claim.3
    1
    For reasons not readily apparent in the record on appeal, the parties have substituted
    “Harrison County Coal Resources, Inc.” for the employer that was identified below, “Murray
    American Energy, Inc.” However, we use the name of the employer as designated in the order on
    appeal.
    2
    The petitioner is represented by counsel Reginald D. Henry and Lori J. Withrow, and the
    respondent is represented by counsel H. Dill Battle, III.
    3
    The Board of Review decided the appeal of an order entered by the Office of Judges on
    January 28, 2022; this appeal was already pending at the Board of Review on June 30, 2022, when
    the West Virginia workers’ compensation system underwent a significant restructuring. Despite
    the restructuring, the Board of Review was responsible for deciding this and “all remaining appeals
    filed with the Board of Review, of Office of Judges’ decisions issued prior to June 30, 2022[.]”
    See 
    W. Va. Code § 23-5
    -8b(e). The order entered by the Board of Review was then appealed to
    the ICA, which pursuant to West Virginia Code § 23-5-8b(d)(2), has exclusive jurisdiction over
    all final orders or decisions issued by the Board of Review after June 30, 2022. See also 
    W. Va. Code § 23-5-15
    (a) (directing that prior statutory provisions allowing for appeals from Board of
    1
    Petitioner argues that the ICA erred because there is insufficient credible evidence in the
    record to show that Mr. Yost suffers from post-traumatic headaches as a result of his workplace
    injury. Mr. Yost asserts that the ICA, as well as multiple treating physicians, found Mr. Yost to
    have post-concussional syndrome and post-traumatic headaches directly related to his
    compensable work injury, and the lower tribunals properly added the diagnoses as compensable
    conditions within the claim.
    This Court reviews questions of law de novo, while we accord deference to the lower
    tribunal’s findings of fact unless the findings are clearly wrong. See Syl. Pt. 3, Duff v. Kanawha
    Cnty. Comm’n, No. 23-43, 
    2024 WL 1715166
     (W. Va. Apr. 22, 2024). Upon consideration of the
    record and briefs, we find no reversible error and therefore summarily affirm. See W. Va. R. App.
    P. 21(c).
    Affirmed.
    ISSUED: August 1, 2024
    CONCURRED IN BY:
    Chief Justice Tim Armstead
    Justice Elizabeth D. Walker
    Justice John A. Hutchison
    Justice William R. Wooton
    Justice C. Haley Bunn
    Review directly to Supreme Court of Appeals do not apply to any Board of Review decision issued
    after June 30, 2022.)
    2
    

Document Info

Docket Number: 23-88

Filed Date: 8/1/2024

Precedential Status: Precedential

Modified Date: 8/1/2024