The West Virginia Supreme Court upheld an award of occupational disease-dependent death benefits to a worker’s widow.
Case: Appalachian Boiler & Fab LLC v. Caruthers, No. 23-345, 09/23/2024, published.
Facts: Johnny A. Caruthers worked at the same Nitro plant for more than 30 years. The plant changed ownership multiple times. Appalachian Boiler & Fab LLC was the owner when Caruthers retired in September 2014.
Caruthers was diagnosed with myelodysplastic syndrome with rapid progression to acute myeloid leukemia in 2017. He died in April 2019.
Procedural history: Caruthers...
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