Albert Lacy v. Charleston-Kanawha Housing Authority

West Virginia Supreme Court

Albert Lacy v. Charleston-Kanawha Housing Authority

DecidedAugust 27, 2024

Docket23-245

StatusPublished

This text of Albert Lacy v. Charleston-Kanawha Housing Authority (Albert Lacy v. Charleston-Kanawha Housing Authority) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Albert Lacy v. Charleston-Kanawha Housing Authority, (W. Va. 2024).

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Opinion

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS FILED August 27, 2024 Albert Lacy, C. CASEY FORBES, CLERK Claimant Below, Petitioner SUPREME COURT OF APPEALS OF WEST VIRGINIA

v.) No. 23-245 (JCN: 2021017263) (ICA No. 22-ICA-259)

Charleston-Kanawha Housing Authority, Employer Below, Respondent

MEMORANDUM DECISION

Petitioner Albert Lacy appeals the February 2, 2023, memorandum decision of the Intermediate Court of Appeals of West Virginia (“ICA”). See Lacy v. Charleston-Kanawha Hous. Auth., No. 22-ICA-259, 2023 WL 1464224 (W. Va. Ct. App. Feb. 2, 2023) (memorandum decision). Respondent Charleston-Kanawha Housing Authority filed a timely response.1 The issue on appeal is whether the ICA erred in affirming the October 24, 2022, decision of the West Virginia Workers’ Compensation Board of Review, which affirmed the claim administrator’s April 21, 2022, order denying a reopening for additional permanent partial disability benefits.

The claimant asserts that the ICA erred in affirming the decision of the Board for Review upholding the denial of a reopening. The employer 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, 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 self-represented, and the respondent is represented by counsel Charity K. Lawrence. 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

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STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS FILED August 27, 2024 Albert Lacy, C. CASEY FORBES, CLERK Claimant Below, Petitioner SUPREME COURT OF APPEALS OF WEST VIRGINIA

v.) No. 23-245 (JCN: 2021017263) (ICA No. 22-ICA-259)

Charleston-Kanawha Housing Authority, Employer Below, Respondent

MEMORANDUM DECISION

Petitioner Albert Lacy appeals the February 2, 2023, memorandum decision of the Intermediate Court of Appeals of West Virginia (“ICA”). See Lacy v. Charleston-Kanawha Hous. Auth., No. 22-ICA-259, 2023 WL 1464224 (W. Va. Ct. App. Feb. 2, 2023) (memorandum decision). Respondent Charleston-Kanawha Housing Authority filed a timely response.1 The issue on appeal is whether the ICA erred in affirming the October 24, 2022, decision of the West Virginia Workers’ Compensation Board of Review, which affirmed the claim administrator’s April 21, 2022, order denying a reopening for additional permanent partial disability benefits.

The claimant asserts that the ICA erred in affirming the decision of the Board for Review upholding the denial of a reopening. The employer 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, 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 self-represented, and the respondent is represented by counsel Charity K. Lawrence. 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

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Albert Lacy v. Charleston-Kanawha Housing Authority, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albert-lacy-v-charleston-kanawha-housing-authority-wva-2024.