Tammy McClung, Roger W. McClung (Deceased) v. West Virginia Office of Insurance Commissioner; Central Appalachian Coal Company

Summary

The West Virginia Supreme Court of Appeals affirmed the Board of Review’s denial of Tammy McClung’s applications for 104 weeks of dependent’s benefits and fatal dependent’s benefits. The court held that McClung did not qualify as an invalid dependent and was not dependent upon the decedent for support. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. McClung did not qualify as an invalid dependent child because the evidence showed that she could care for her daily needs and required no supervision or assistance, notwithstanding her psychiatric diagnoses and a physician's invalid certification.
2. McClung was not dependent upon the decedent because she had not received financial support from him for roughly twenty-five years, did not live with him, and did not reasonably expect him to continue supporting her.
3. The Board of Review's decision reinstating the denial of dependent's benefits was not clearly erroneous, legally defective, or unsupported by the evidentiary record, and therefore was affirmed.

Questions Presented

1. Whether Tammy McClung qualified as an invalid child under West Virginia Code § 23-4-10(d).
2. Whether Tammy McClung was dependent upon the decedent for support and therefore eligible for dependent's benefits under West Virginia Code § 23-4-10(d) and (e).
3. Whether the Board of Review's decision affirming the denial of benefits was clearly erroneous or otherwise invalid under the applicable standard of review.

Disposition

affirmed