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Nana Ramsey, Widow v. W. Va. Office of Insurance Commissioner/Consolidation Coal
Citation: Not availableDocket: 11-0753
Court: West Virginia Supreme Court; February 4, 2013; West Virginia; State Supreme Court
Original Court Document: View Document
Nana Ramsey, the petitioner, appeals the West Virginia Workers’ Compensation Board of Review's decision affirming the Office of Judges' determination that occupational pneumoconiosis did not materially contribute to her husband Dennis Ramsey's death on October 13, 2007. Dennis died from cardiopulmonary arrest and severe emphysema, with the Occupational Pneumoconiosis Board initially indicating that occupational pneumoconiosis was a contributing factor based on minimal x-ray evidence. However, a subsequent independent medical review by Dr. Renn concluded that his death was due to severe ischemic cardiomyopathy and not related to occupational pneumoconiosis. The Office of Judges later reversed a prior claims administrator decision, stating that new medical records revealed Dennis had a significant history of cardiac issues, which were not considered in the initial evaluation. The Occupational Pneumoconiosis Board reiterated that his heart problems were the primary cause of death, with coal dust exposure having no material impact. Ms. Ramsey contends that the evidence supports her claim that occupational pneumoconiosis was a factor in her husband’s death. However, both the Office of Judges and the Board of Review upheld the conclusion that his death was entirely unrelated to coal dust exposure. The Supreme Court of Appeals of West Virginia found no substantial legal questions or prejudicial errors in the Board of Review's decision and affirmed that the findings were consistent with the evidentiary record. The decision was issued on February 5, 2013, with all justices concurring.