Kenneth Shrader v. City of Mullens ( 2024 )

FILED
October 30, 2024
C. CASEY FORBES, CLERK
STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS
OF WEST VIRGINIA
SUPREME COURT OF APPEALS
Kenneth Shrader,
Claimant Below, Petitioner
v.) No. 23-631 (JCN: 2020015951)
(ICA No. 22-ICA-216)
City of Mullens,
Employer Below, Respondent
MEMORANDUM DECISION
Petitioner Kenneth Shrader appeals the September 26, 2023, memorandum decision of the
Intermediate Court of Appeals of West Virginia (“ICA”). See Shrader v. City of Mullens, No. 23-
ICA-216, 2023 WL 6290098 (W. Va. Ct. App. Sept. 26, 2023) (memorandum decision).
Respondent City of Mullens (“City”) filed a timely response.1 The issue on appeal is whether the
ICA erred in affirming the May 1, 2023, decision of the West Virginia Workers’ Compensation
Board of Review, which reversed the claim administrator’s April 20, 2021, order and granted a
4% permanent partial disability award instead of a 3% award.
The claimant asserts that the medical evidence shows that he should be granted an award
of 12% permanent partial disability. The City counters by arguing that the record before the Board
of Review supported the 4% permanent partial disability award. The City further maintains that
the claimant points to no erroneous procedure, no arbitrary or capricious conclusions, and 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, --- W. Va. ---, 905 S.E.2d 528 (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 claimant is represented by counsel Reginald D. Henry and Lori J. Withrow, and the
City is represented by counsel Jeffrey M. Carder.
1
ISSUED: October 30, 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