Royal Property Management, Inc. v. Lara Thornsbury, Dependent of Michael Thornsbury II (Deceased), and RPM Facility Services, LLC, and West Virginia Offices of the Insurance Commissioner, in its Official Capacity as Administrator of the Old Fund
CourtIntermediate Court of Appeals of West Virginia
Date FiledNovember 10, 2026
Docket26-ICA-15
StatusUnpublished
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Full Opinion
IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA
FILED
ROYAL PROPERTY MANAGEMENT, INC., November 10, 2026
Employer Below, Petitioner ASHLEY N. DEEM, CHIEF DEPUTY CLERK
INTERMEDIATE COURT OF APPEALS
OF WEST VIRGINIA
v.) No. 26-ICA-15 (JCN: 2024004686)
LARA THORNSBURY, DEPENDENT OF
MICHAEL THORNSBURY II, (DECEASED),
Claimant Below, Respondent
and
RPM FACILITY SERVICES, LLC,
Employer Below, Respondent
and
WEST VIRGINIA OFFICES OF THE
INSURANCE COMMISSIONER, in its Official
Capacity as Administrator of the Old Fund,
Respondent Below, Respondent
MEMORANDUM DECISION
Petitioner Royal Property Management, Inc., (“Royal”) appeals the December 12,
2025, order of the Workers’ Compensation Board of Review (“Board”). Respondents Lara
Thornsbury and RPM Facility Services, LLC (“RPM”) filed individual responses.
Respondent West Virginia Offices of the Insurance Commissioner, in its Official Capacity
as Administrator if the Old Fund (“WVOIC”) did not file a response.1 Royal filed a reply.
The issue on appeal is whether the Board erred in affirming the claim administrator’s order,
which found that Royal is the chargeable employer.2
1
Royal is represented by Jeffrey M. Carder, Esq. Ms. Thornsbury is represented by
Edwin H. Pancake, Esq. RPM is represented by Steven K. Wellman, Esq., and James W.
Heslep, Esq. WVOIC did not appear.
2
We acknowledge that the names of the entities in this claim are confusing and at
times seem to be used interchangeably. It is often unclear which entity is being referred to
1
This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51-
11-4 (2026). After considering the parties’ arguments, the record on appeal, and the
applicable law, this Court finds no substantial question of law and no prejudicial error. For
these reasons, a memorandum decision affirming the Board’s order is appropriate under
Rule 21 of the West Virginia Rules of Appellate Procedure.
Mr. Thornsbury’s death certificate, dated July 17, 2023, indicates that he died on
July 11, 2023, and that the cause of death was electrocution. Ms. Thornsbury filed an
application for fatal dependents’ benefits dated July 20, 2023, indicating that she is the
dependent widow of the deceased injured worker, Michael Thornsbury II. Ms. Thornsbury
asserted that Mr. Thornsbury was electrocuted on July 11, 2023, while installing lighting
at work while employed by Royal, and that Mr. Thornsbury has two dependent children.
On September 11, 2023, Travelers Insurance Indemnity Company of America
(“Travelers”) sent a letter to Ms. Thornsbury, indicating that the decedent was employed
by RPM on July 11, 2023. Travelers averred that no coverage was in place for RPM on
July 11, 2023. On September 18, 2023, Ms. Thornsbury filed an application for fatal
dependents’ benefits with the West Virginia Uninsured Employer Fund indicating that the
decedent died while working for RPM on July 11, 2023. Under the section “Identity of
Employer,” Ms. Thornsbury indicated RPM also owned or operated a business named
Royal Property Management, Inc.
A letter from the WVOIC found that, although Ms. Thornsbury provided a pay
remittance that identified the decedent’s employer on the date of his death as RPM,
evidence indicates that the actual employer was Royal. In a letter dated December 6, 2023,
counsel for Travelers, Royal’s workers’ compensation insurer, told the WVOIC that
Travelers disagreed with the WVOIC’s finding that Royal was the proper chargeable
employer in the claim. Counsel indicated that Travelers would issue an order denying the
application for fatal dependents’ benefits on the basis that Mr. Thornsbury was not an
employee of Royal. On December 22, 2023, the claim administrator/Travelers issued an
order rejecting the claim on the basis that the decedent was not employed by Royal. Ms.
Thornsbury protested this order. During the litigation of this protest, at Royal’s request, the
Board issued an order dated February 22, 2024, adding RPM as a potentially chargeable
employer in the protest and adding the WVOIC Uninsured Employer Fund as a potential
party.
In support of its argument that the decedent was not employed by Royal at the time
of his death, it submitted multiple documents listing RPM as a legal entity and documents
in employee/witness statements. In the Board’s order Royal Property Management, Inc.,
was not abbreviated, and RPM Facility Services, LLC, was abbreviated as RPMFS.
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listing RPM as the decedent’s employer. Mr. Thornsbury became employed after he
responded to a job posting by RPM for a commercial electrician. A Bureau for Child
Support Income Withholding for Support notice dated August 10, 2023, identified RPM as
the decedent’s employer. An ISO ClaimSearch report on “RPM Facility” indicates that
RPM was insured by State Farm in 2021 and 2022.
On July 11, 2023, the St. Albans Police Department responded to a call at an address
in St. Albans, West Virginia, in reference to a male who had been electrocuted. The call
was placed by a co-worker who stated that he and the decedent were recently hired
employees of RPM. The co-worker further identified Jeff Roy as the owner of the
company. Another employee, who identified himself as an employee of RPM, arrived on
the scene and was interviewed. This employee stated that he met the decedent and the co-
worker at the location earlier that morning to prepare a list of the work to be done. The
employee stated that RPM had a contract with the owners of the building to perform
maintenance, and that he interviewed Mr. Thornsbury and his co-worker for the jobs the
day before, and the owner of the company hired both men. RPM was cited for working
without a proper permit or license. RPM also received a U.S. Department of Labor OSHA
Citation and Notification of Penalty dated November 3, 2023, and was fined.
Ms. Thornsbury and RPM submitted multiple documents indicating that Royal was
the decedent’s employer at the time of his death. A W-2 Wage and Tax Statement for 2023
indicates that the decedent received $144.00 in wages from Royal in 2023. A pay stub
dated July 21, 2023, establishes that Royal paid wages to the decedent for work performed
between the pay period of July 9, 2023, to July 15, 2023. West Virginia Secretary of State
Business Organization information for Royal indicates that “Royal Property Management,
Inc.” filed to become a legal business entity on August 20, 2013. Jeffrey Roy was identified
as the incorporator and president of Royal. West Virginia Secretary of State Business
Organization information for RPM indicates that “RPM Facility Services, LLC” filed to
become a legal business entity on September 5, 2023, and identifies Royal as the Member.
On April 25, 2024, Royal responded to Ms. Thornsbury’s request for admission,
interrogatories, and requests for production of documents in a civil action filed in Kanawha
County Circuit Court. Included in the response are the following statements: “Michael
Thornsbury and [his co-worker] were working at the subject property on behalf of Royal
Property Management. They were to replace light bulbs in a certain area of the property,
as well as to clean up the area where they were assigned to work.”
Mr. Roy was deposed on November 12, 2024, in the civil action, and he testified
that Royal was incorporated in 2013 to manage properties and real estate, but it did not
conduct any business until 2017 or 2018. Mr. Roy stated that in 2017 or 2018, Royal began
providing the same facility maintenance services previously performed by his former
business, Environmental Management. Mr. Roy testified that Mr. Thornsbury was an
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employee of Royal and the work he was doing on the date of his death was being done on
behalf of Royal. Mr. Roy further testified that he established RPM after the decedent’s
death, and that RPM did not perform any work in July 2023 at the facility where the
accident occurred.
On December 6, 2024, RPM responded to Ms. Thornsbury’s requests for
admissions, interrogatories and requests for production of documents in the same civil
action. In its responses, RPM admitted that it did not employ the decedent to perform work
at the subject property on July 11, 2023. RPM further admitted that OSHA incorrectly
identified it as Mr. Thornsbury’s employer. RPM indicated that Royal hired Mr.
Thornsbury and another worker to perform work on July 11, 2023, and the OSHA
investigation and resulting citations were related to work performed by or on behalf of
Royal. RPM noted that a 2023 W-2 Wage and Tax Statement indicates that the decedent
was employed by Royal.
Mr. Roy signed an affidavit dated October 9, 2025, indicating that he is the owner
and president of Royal, which is the sole member of RPM, a limited liability company
organized in West Virginia. Mr. Roy stated that, on July 11, 2023, an accident occurred
involving the decedent while he was performing work for Royal. Mr. Roy alleges that RPM
did not exist on July 11, 2023, and it was not formed or recognized by the West Virginia
Secretary of State until September 5, 2023. Mr. Roy stated that, at the time of the accident,
RPM had no employees, no payroll account, no contracts, and had conducted no business
operations. Mr. Roy alleged that all employees performing work on July 11, 2023,
including the decedent and the other worker on the site, were employees of Royal, and their
supervision, payroll, and employment relationship were exclusively under Royal. Mr. Roy
noted that the decedent’s W-2 tax form and unemployment filings with WorkForce West
Virginia were issued under Royal.
Mr. Roy stated that the workers’ compensation and general liability policies in effect
on July 11, 2023, were held by Royal with Travelers Insurance, and coverage for the
incident in question was provided and paid under that policy. Further, Mr. Roy stated that
no separate policy existed for RPM at that time. Mr. Roy alleged that any reference to
“RPM Facility Services” on online job postings or Paychex payroll stubs was the result of
internal shorthand for “Royal Property Management, Inc.,” but that these administrative
mistakes do not reflect a separate employing entity or payroll source. Mr. Roy stated that
RPM did not maintain its own payroll account, bank account, or independent operations
on July 11, 2023. Mr. Roy alleged that any reference to RPM as the responsible employer
or insured entity is inaccurate, and the proper employer and insured party under the
Travelers Insurance policy in effect at the time of the incident was, and remains, Royal.
On December 12, 2025, the Board reversed the claim administrator’s order rejecting
the claim. The Board found that Mr. Thornsbury died in the course of and resulting from
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his employment with Royal. Further, the Board found that the evidence establishes that
Royal, rather than RPM, is the chargeable employer. Royal now appeals the Board’s order.
Our standard of review is set forth in West Virginia Code § 23-5-12a(b) (2022), in
part, as follows:
The Intermediate Court of Appeals may affirm the order or decision of the
Workers’ Compensation Board of Review or remand the case for further
proceedings. It shall reverse, vacate, or modify the order or decision of the
Workers’ Compensation Board of Review, if the substantial rights of the
petitioner or petitioners have been prejudiced because the Board of Review’s
findings are:
(1) In violation of statutory provisions;
(2) In excess of the statutory authority or jurisdiction of the Board of Review;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly wrong in view of the reliable, probative, and substantial evidence
on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly
unwarranted exercise of discretion.
Syl. Pt. 2, Duff v. Kanawha Cnty. Comm’n, 250 W. Va. 510, 905 S.E.2d 528 (2024).
Royal argues that the evidence indicates that Mr. Thornsbury was employed by
RPM at the time of his death. Royal further argues that Mr. Roy’s statements are only an
attempt to avoid the consequences of operating a business without workers’ compensation
insurance. We disagree.
Here, the Board found that the weight of the evidence established that Mr.
Thornsbury was employed by Royal on the date of his death. Thus, the Board found that
Royal is the chargeable employer in this claim. The Board noted that Royal had workers’
compensation insurance coverage with Travelers Insurance on the date of Mr.
Thornsbury’s accident, while RPM did not have workers’ compensation insurance on the
date of the accident. The Board noted that Mr. Roy testified that he sometimes used the
names Royal and RPM interchangeably; however, RPM had no employees, no payroll
account, no contracts, and had conducted no business operations at the time of Mr.
Thornsbury’s death. The Board further noted that Mr. Roy said that Mr. Thornsbury was
employed by and performing work on behalf of Royal at the time of his death. The Board
found that Mr. Roy’s testimony was credible and corroborated by many documents.
Further, the Board noted that several different company names, including RPM, RPM
Facility Services, and RPMFS have been used to refer to Royal Property Management, Inc.
5
at various times and in various documents. The Board also noted that the West Virginia
Secretary of State Business Organization records show that RPM did not become a legal
business entity until September 5, 2023.
We find no merit in Royal’s arguments. We note that the evidence indicates that the
only business operating as a legal entity at the time of Mr. Thornsbury’s death was Royal.
Further, we note that Mr. Roy, the owner of both businesses, consistently stated that Mr.
Thornsbury was employed by Royal at the time of his death and that RPM did not exist as
a legal entity or have employees until after Mr. Thornsbury’s death. Mr. Roy explained
that he used Royal and RPM interchangeably when discussing his businesses even before
RPM was a legal entity. While Mr. Roy’s statements may be an attempt to avoid the
consequences of operating a business without workers’ compensation insurance, we note
that there is no evidence of his motives other than these allegations.
Thus, upon review, we conclude that the Board was not clearly wrong in finding
that Royal is the chargeable employer in this claim. As the Supreme Court of Appeals of
West Virginia has set forth, “[t]he ‘clearly wrong’ and the ‘arbitrary and capricious’
standards of review are deferential ones which presume an agency’s actions are valid as
long as the decision is supported by substantial evidence or by a rational basis.” Syl. Pt. 3,
In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996). With this deferential standard of
review in mind, we cannot conclude that the Board was clearly wrong in affirming the
claim administrator’s order.
Accordingly, we affirm the Board’s December 12, 2025, order.
Affirmed.
ISSUED: November 10, 2026
CONCURRED IN BY:
Chief Judge Daniel W. Greear
Judge Charles O. Lorensen
Judge S. Ryan White
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