Ronald Seckman v. Alcan Rolled Products–Ravenswood, LLC

Summary

The Supreme Court of Appeals of West Virginia affirmed a Workers’ Compensation Board of Review decision concerning Ronald Seckman’s occupational pneumoconiosis claim. The court held that the evidence did not establish sufficient hazardous dust exposure during the statutory period to invoke the presumption under West Virginia Code § 23-4-8c(b).

Holdings

1. The lower tribunals did not commit reversible error in finding that Seckman was not exposed to harmful levels of dust and particulate matter after October 30, 1990.
2. Seckman was not entitled to the statutory presumption because the period from January 26, 1981, through October 30, 1990, was insufficiently long under the statute.

Questions Presented

1. Whether the Board of Review erred in affirming the determination that Seckman was not entitled to the statutory presumption of occupational pneumoconiosis under West Virginia Code § 23-4-8c(b).
2. Whether the evidentiary findings concerning Seckman’s date of last exposure and the level of dust and fiber exposure were clearly erroneous or otherwise reversible.

Disposition

affirmed