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SMITH v. WEST VIRGINIA HUMAN RIGHTS COM'N

No. 31645.

602 S.E.2d 445 (2004)

216 W.Va. 2

Patti A. SMITH, Appellant, v. THE WEST VIRGINIA HUMAN RIGHTS COMMISSION and UNITED PARCEL SERVICE, Appellees.

Supreme Court of Appeals of West Virginia.

Filed: July 2, 2004.

Attorney(s) appearing for the Case

Herbert H. Henderson, Esq., Dwight J. Staples, Esq., Henderson, Henderson & Staples, Huntington, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Barbara H. Allen, Managing Deputy Attorney General, Charleston, for the West Virginia Human Rights Commission.

David J. McAllister, Esq., Reed, Smith, Shaw & McClay, LLP, Pittsburgh, Pennsylvania, Kevin L. Carr, Esq., Spilman, Thomas & Battle, PLLC, Charleston, for Appellee United Parcel Service, Inc.

STARCHER, Justice.

In this appeal from the West Virginia Human Rights Commission ("the Commission"), we are asked to review an order setting aside the findings of two administrative law judges that an employer failed to reasonably accommodate an employee's disability. We find that the Commission applied the wrong legal standard to the employee's claim, and find that the substantial evidence on the whole record supported the findings of the administrative law judges...

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