Noretta Mobley, Widow of Samuel Mobley v. West Virginia Office of Insurance Commissioner/Pittston Coal

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of Noretta Mobley's application for dependent's workers' compensation benefits following the death of Samuel Mobley. The court held that the evidence did not establish that Samuel was exposed to an occupational pneumoconiosis hazard or that occupational pneumoconiosis contributed materially to his death. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. A claimant seeking workers’ compensation benefits related to occupational pneumoconiosis must demonstrate exposure to a hazard consisting of minute particles of dust in abnormal quantities in the work area; employment at a generally dusty location alone is insufficient. The evidence did not establish that prerequisite here.
2. To establish entitlement to dependent’s benefits, a claimant must show that an occupational disease or injury contributed in any material degree to the death. The record contained no evidence connecting Mr. Mobley’s death to occupational pneumoconiosis in any material degree.
3. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the evidence established that Samuel Mobley was exposed to the hazards of occupational pneumoconiosis.
2. Whether the evidence established that occupational pneumoconiosis contributed in any material degree to Samuel Mobley’s death, as required for dependent’s benefits.
3. Whether the Workers’ Compensation Board of Review’s decision denying dependent’s benefits was clearly erroneous, legally erroneous, or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed