Pearl Vincent, Widow of Fonzo Vincent v. West Virginia Office of Insurance Commissioner and Upshur Coals Corporation

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Pearl Vincent’s claim for dependent’s workers’ compensation benefits following her husband’s death from chronic obstructive pulmonary disease. The court agreed that the evidentiary record, including the Occupational Pneumoconiosis Board’s opinion, did not establish that occupational pneumoconiosis was a material contributing factor in his death.

Holdings

1. The denial of dependent's benefits was proper because the evidentiary record did not establish that occupational pneumoconiosis was a material contributing factor in Fonzo Vincent's death.
2. The Board of Review's decision was not clearly erroneous and did not 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 workers' compensation benefits.
2. Whether the evidence established that occupational pneumoconiosis was a material contributing factor in Fonzo Vincent's death.
3. Whether the Board of Review's decision violated a constitutional or statutory provision, resulted from an erroneous conclusion of law, or rested on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed