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Wagner v. Workers' Comp & Thomas Mem. Hosp.
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 1998 Term No. 25051 MARTHA E. WAGNER, Appellant, V. WORKERS' COMPENSATION DIVISION AND H.J. THOMAS MEMORIAL HOSPITAL, Appellees. Appeal from the Workers' Compensation Appeal Board Appeal No. 42790 Claim No. 93-40754 AFFIRMED

Submitted: September 16, 1998 Filed: December 11, 1998 Gregory W. Evers Franklin W. Kern L.C. Charleston, West Virginia Attorney for the Appellant Jon Snyder Mark S. Weiler Miller & Snyder Charleston, West Virginia Attorneys for Appellee, H.J. Thomas Memorial Hospital

The Opinion of the Court was delivered PER CURIAM. JUSTICE STARCHER concurs and reserves the right to file a concurring opinion. JUSTICE MCCUSKEY did not participate in the decision of this case. JUSTICE MCGRAW did not participate in the decision of this case. SYLLABUS BY THE COURT 1. "'"This Court will not reverse a finding of fact made by the Workmen's Compensation Appeal Board unless it appears from the proof upon which the appeal board acted that the finding is plainly wrong." Syl. pt. 2, Jordan v. State Workmen's Compensation Commissioner, 156 W. Va. 159, 191 S.E.2d 497 (1972), quoting, Syllabus, Dunlap v. State Workmen's Compensation Commissioner, 152 W. Va. 359, 163 S.E.2d 605 (1968).' Syllabus, Rushman v. Lewis, 173 W. Va. 149, 313 S.E.2d 426 (1984)." Syllabus point 1, Conley v. Workers' Compensation Div., 199 W. Va. 196, 483 S.E.2d 542 (1997). 2. "When the Workers' Compensation Appeal Board reviews a ruling from the Workers' Compensation Office of Judges it must do so under the standard of review set out in W. Va. Code

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