Sharon Neeley, Widow of Noble Ray Neeley v. Alcan Rolled Products–Ravenswood, LLC

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of dependent’s workers’ compensation benefits to Sharon Neeley following the death of her husband, Noble Ray Neeley. The court held that she failed to prove occupational pneumoconiosis was a material contributing factor in his death, crediting the Occupational Pneumoconiosis Board and other medical opinions over the contrary opinion of Dr. Rasmussen. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The claimant failed to prove that occupational pneumoconiosis was a material contributing factor in her husband's death; therefore, the denial of dependent's benefits was properly affirmed.
2. The Board of Review's decision did not clearly violate a constitutional or statutory provision, result from an erroneous conclusion of law, or rest on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review erred in affirming the denial of dependent's benefits because occupational pneumoconiosis was not proven to be a material contributing factor in Noble Ray Neeley's death.
2. Whether the Office of Judges and Board of Review improperly relied on the opinions of the Occupational Pneumoconiosis Board and other physicians over the contrary opinion of Dr. Rasmussen.

Disposition

affirmed