Charles Canaday v. Jane Lee Enterprises ( 2024 )

STATE OF WEST VIRGINIA
SUPREME COURT OF APPEALS
FILED
Charles Canaday, August 27, 2024
Claimant Below, Petitioner C. CASEY FORBES, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA
v.) No. 23-171 (JCN: 2019026301)
(ICA No. 22-ICA-170)
Jane Lee Enterprises,
Employer Below, Respondent
MEMORANDUM DECISION
Petitioner Charles Canaday appeals the February 2, 2023, memorandum decision of the
Intermediate Court of Appeals of West Virginia (“ICA”). See Canaday v. Jane Lee Enterprises,
No. 22-ICA-170, 2023 WL 1464103 (W. Va. Ct. App. Feb. 2, 2023) (memorandum decision).
Respondent Jane Lee Enterprises, Inc. filed a timely response.1 The issue on appeal is whether the
ICA erred in affirming the decision of the West Virginia Workers’ Compensation Board of
Review, which affirmed the claim administrator’s August 26, 2021, order granting the petitioner
an award of 20% permanent partial disability for occupational pneumoconiosis.
The petitioner asserts that the West Virginia Occupational Pneumoconiosis Board erred in
finding that the majority of his pulmonary impairment was due to his smoking history instead of
occupational pneumoconiosis. The employer maintains that the petitioner points to no erroneous
procedure, no arbitrary or capricious conclusions, no abuse of discretion, or jurisdictional error by
the tribunals below.
This Court reviews questions of law de novo, while we accord deference to the Board of
Review’s findings of fact unless the findings are clearly wrong. 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.
1
The petitioner is represented by counsel Reginald D. Henry and Lori Withrow. The
respondent is represented by counsel Mark J. Grigoraci.
1
ISSUED: August 27, 2024
CONCURRED IN BY:
Chief Justice Tim Armstead
Justice Elizabeth D. Walker
Justice John A. Hutchison
Justice William R. Wooton
Justice C. Haley Bunn
2