Jared Smith v. ArcelorMittal ( 2024 )

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