Jared Smith v. ArcelorMittal ( 2024 )


Menu:
  •                                                                                      FILED
    October 30, 2024
    C. CASEY FORBES, CLERK
    SUPREME COURT OF APPEALS
    STATE OF WEST VIRGINIA                                   OF WEST VIRGINIA
    SUPREME COURT OF APPEALS
    Jared Smith,
    Claimant Below, Petitioner
    v.)    No. 23-633 (JCN: 2021002789)
    (ICA No. 22-ICA-113)
    ArcelorMittal,
    Employer Below, Respondent
    MEMORANDUM DECISION
    Petitioner Jared Smith appeals the September 5, 2023, memorandum decision of the
    Intermediate Court of Appeals of West Virginia (“ICA”). See Smith v. ArcelorMittal, No. 23-ICA-
    113, 
    2023 WL 5695515
     (W. Va. Ct. App. Sept. 5, 2023) (memorandum decision). Respondent
    ArcelorMittal filed a timely response.1 The issue on appeal is whether the ICA erred in affirming
    the February 16, 2022, decision of the West Virginia Workers’ Compensation Board of Review,
    which affirmed the claim administrator’s September 23, 2021, order granting a 5% permanent
    partial disability award.
    The claimant asserts that the medical evidence shows that he should be granted an
    additional 10% for a total award of 15% permanent partial disability. The employer counters by
    arguing that the claimant inappropriately asks this Court to substitute its factual findings for those
    made by the Board of Review. The employer 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 petitioner is represented by counsel Christopher J. Wallace, and the respondent is
    represented by counsel Jeffrey B. Brannon.
    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
    

Document Info

Docket Number: 23-633

Filed Date: 10/30/2024

Precedential Status: Precedential

Modified Date: 10/30/2024