Virgil Steele III v. Arcelormittal USA

Summary

The Supreme Court of Appeals of West Virginia reviewed the denial of Virgil Steele III's workers' compensation claim for occupational asthma allegedly caused by workplace dust exposure. The court concluded that the pulmonary testing and medical evidence did not confirm asthma or occupational asthma and affirmed the Workers' Compensation Board of Review's decision.

Holdings

1. The occupational-asthma claim was not compensable because the evidentiary record, including multiple pulmonary-function tests, did not confirm a diagnosis of asthma.
2. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Steele established that occupational asthma was compensable under the workers’ compensation claim.
2. Whether the Workers’ Compensation Board of Review clearly erred or committed prejudicial error by affirming rejection of the occupational-asthma claim.

Disposition

affirmed