Sandra Riffe, Widow of Edgar Riffe v. West Virginia Office of Insurance Commissioner/Rocky I, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Sandra Riffe's request for dependent's workers' compensation benefits following her husband's death. The court agreed that the evidence did not establish that occupational pneumoconiosis was a material contributing factor in his death.

Holdings

1. The Board of Review's decision affirming denial of dependent's benefits was not in clear violation of a constitutional or statutory provision, was not clearly the result of an erroneous conclusion of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Workers' Compensation Board of Review clearly violated a constitutional or statutory provision, made an erroneous conclusion of law, or materially misstated or mischaracterized the evidentiary record in affirming the denial of dependent's benefits.
2. Whether the evidence established that occupational pneumoconiosis was a material, contributing factor in Edgar Riffe's death.

Disposition

affirmed