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Below v. W.Va. Parkways Auth.

State of West Virginia Supreme Court of Appeals
Aug 27, 2024
No. 23-608 (W. Va. Aug. 27, 2024)

Opinion

23-608

08-27-2024

Jennifer Belcher, Claimant Below, Petitioner v. West Virginia Parkways Authority, Employer Below, Respondent


(JCN: 2022011725) (ICA No. 23-ICA-61)

MEMORANDUM DECISION

Petitioner Jennifer Belcher appeals the September 5, 2023, memorandum decision of the Intermediate Court of Appeals ("ICA"). See Belcher v. W.Va. Parkways Auth., No. 23-ICA-61, 2023 WL 5695442 (W.Va. Ct. App. Sep. 5, 2023) (memorandum decision). Respondent West Virginia Parkways Authority filed a timely response. The issue on appeal is whether the ICA erred in affirming the Board of Review's order, which affirmed the claim administrator's rejection of the claim for workers' compensation benefits.

The petitioner is represented by counsel Reginald D. Henry and Lori J. Withrow, and the respondent is represented by counsel Steven K. Wellman and James W. Heslep.

On appeal, the petitioner argues that the ICA's decision is clearly wrong in light of the substantial evidence in the record as a whole, and should be reversed because the preponderance of the evidence establishes that she sustained an injury in the course of and resulting from her employment on November 10, 2021. The respondent counters by arguing that the ICA did not commit reversible error, and that the objective medical records failed to confirm an injury in this claim.

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. April 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.

CONCURRED IN BY: Chief Justice Tim Armstead Justice Elizabeth D. Walker Justice John A. Hutchison Justice William R. Wooton Justice C. Haley Bunn


Summaries of

Below v. W.Va. Parkways Auth.

State of West Virginia Supreme Court of Appeals
Aug 27, 2024
No. 23-608 (W. Va. Aug. 27, 2024)
Case details for

Below v. W.Va. Parkways Auth.

Case Details

Full title:Jennifer Belcher, Claimant Below, Petitioner v. West Virginia Parkways…

Court:State of West Virginia Supreme Court of Appeals

Date published: Aug 27, 2024

Citations

No. 23-608 (W. Va. Aug. 27, 2024)