PPG Industries, Inc. v. Douglas L. Steele

Summary

The Supreme Court of Appeals of West Virginia affirmed decisions holding that Douglas L. Steele’s chronic lymphocytic leukemia was compensable as an occupational disease caused by benzene exposure during his employment with PPG Industries. The court concluded that substantial evidence supported the finding of significant occupational exposure and a causal connection between that exposure and Steele’s condition. The court issued the opinion as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Steele presented sufficient evidence under W. Va. Code § 23-4-1 to establish that his chronic lymphocytic leukemia was caused by significant occupational exposure to benzene. The Board of Review’s decision affirming compensability was supported by the record and was not clearly wrong or legally erroneous.
2. The court reviews questions of law arising from Board of Review decisions de novo but defers to the Board’s factual findings, reasoning, and conclusions and does not reweigh the evidence de novo.

Questions Presented

1. Whether substantial evidence supported compensability of Steele’s chronic lymphocytic leukemia as an occupational disease caused by occupational benzene exposure.
2. Whether the Board of Review’s affirmance of the Office of Judges’ compensability determination was clearly wrong, legally erroneous, or otherwise subject to reversal under W. Va. Code § 23-5-15.

Disposition

affirmed