Jeanette Campbell, Widow of Vernon L. Campbell v. West Virginia Office of Insurance Commissioner/Choicepoint Services, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Jeanette Campbell’s application for dependents’ benefits under the state workers’ compensation system. The court held that the application was untimely under West Virginia Code § 23-4-15(a) because it was filed more than six months after the decedent’s death, and found no constitutional, statutory, or legal error in the Board of Review’s decision.

Holdings

1. An application for dependents' benefits must be filed within six months of the decedent's date of death under West Virginia Code § 23-4-15(a); Campbell's May 2012 application, filed after Vernon Campbell's October 9, 2010 death, was untimely.
2. The claimant's asserted lack of awareness of the additional filing requirement did not excuse noncompliance because the statute provided no exception for failure to timely file.

Questions Presented

1. Whether Jeanette Campbell's application for dependents' benefits was timely under West Virginia Code § 23-4-15(a).
2. Whether the claims administrator's alleged failure to explain the need for an additional application excused the untimely filing.

Disposition

affirmed