No Benefits for Widow of Man Who Had Occupational Pneumoconiosis

West Virginia’s Intermediate Court of Appeals upheld the denial of a widow’s claim for benefits, finding her late husband’s occupational pneumoconiosis had not materially contributed to his death. Sherman Bailey received an award of permanent partial disability benefits in 1995 for a 30% disability due to occupational pneumoconiosis. In 2001, he received an additional 20% PPD award. In 2002, Bailey was diagnosed with arteriosclerotic heart disease, pneumoconiosis, hiatal hernia with gastroesophageal reflux disease, peripheral vascular disease and major affective disord...