Donnie Holcomb, Widow of James E. Holcomb v. West Virginia Office of Insurance Commissioner and Oiltanking Houston, Inc.

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of dependent’s workers’ compensation benefits to Donnie Holcomb, widow of James E. Holcomb. The court held that the evidence did not establish that occupational pneumoconiosis was a material contributing factor in James Holcomb’s death and deferred to the Occupational Pneumoconiosis Board’s findings.

Holdings

1. The evidence did not support an award of dependent's benefits because occupational pneumoconiosis was not shown to be a material cause of Holcomb's death.
2. The Board of Review's decision 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 evidence established that occupational pneumoconiosis was a material contributing factor in James Holcomb's death so as to support an award of dependent's workers' compensation benefits.
2. Whether the Board of Review's affirmance of the denial of dependent's benefits clearly 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