Patricia Schetrompf v. Guardian Fiberglass, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Patricia Schetrompf’s workers’ compensation claim for pulmonary fibrosis and chronic obstructive pulmonary disease. The court held that the evidence did not establish a causal connection between her employment at Guardian Fiberglass, Inc. and her pulmonary conditions. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Schetrompf failed to prove that her employment activities caused her pulmonary fibrosis and chronic obstructive pulmonary disease; therefore, the rejection of her workers’ compensation claim 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 Schetrompf established that her pulmonary fibrosis and chronic obstructive pulmonary disease were occupational diseases caused by or resulting from her employment.

Disposition

affirmed