Martin v. Workers' Compensation Division

557 S.E.2d 324, 210 W. Va. 270
CourtWest Virginia Supreme Court
DecidedDecember 11, 2001
Docket28516
StatusPublished
Cited by18 cases

This text of 557 S.E.2d 324 (Martin v. Workers' Compensation Division) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Workers' Compensation Division, 557 S.E.2d 324, 210 W. Va. 270 (W. Va. 2001).

Opinions

McGRAW, Chief Justice.

Mrs. Juanita Martin appeals a decision of the Workers’ Compensation Appeal Board that affirmed a denial of her late husband’s claim for a permanent total disability award. She was substituted as a party to this action upon the death of her husband Dana Martin. Because we find that Mr. Martin’s death does not affect the outcome of his appeal, and because we conclude that the Office of Judges and the Workers’ Compensation Appeal Board erred in not awarding permanent total disability benefits, we reverse.

I.

BACKGROUND

Mr. Dana Martin worked for approximately twenty years as a coal miner for W-P Coal Company in Southern West Virginia. As is often the case, Mi-. Martin contracted occupational pneumoconiosis while working in the mines, for which he submitted a workers’ compensation claim in 1987. That 1987 filing resulted in a finding by the Workers’ Compensation Division that Mr. Martin suffered from a 50 percent permanent partial disability due to occupational pneumoconiosis. Mr. Martin sought an increase in his award by filing another claim application in 1994, which the Division numbered 94-37387.

Because Mr. Martin’s injury was occupational pneumoconiosis, the Occupational Pneumoconiosis Board had to make a determination if he merited an additional award. On March 13, 1995, the Occupational Pneu-[274]*274moconiosis Board ruled that Mr. Martin was not entitled to any additional permanent partial disability award beyond the 50 percent award he had already received. Mi*. Martin appealed this decision to the Office of Judges, which also ruled against him, issuing a decision on October 28,1998.

Undeterred, Mr. Martin took this decision of the Office of Judges to the next step in the lengthy process, an appeal to the Workers’ Compensation Appeal Board (the “Appeal Board”). After several months, the Appeal Board also ruled against Mr. Martin, issuing on March 31, 1999, an order affirming the prior decision of the Office of Judges. Mr. Martin proceeded to the final step in the process, a petition for appeal to this Court, which he filed by counsel on April 9, 1999.

Before this Court could act on the petition, Mi*. Martin died on November 13, 1999. This Court granted his petition for appeal on November 16, 1999, and granted his wife’s request to be substituted as appellant in this case on December 20, 2000.

II.

STANDARD OF REVIEW

If considering a question of fact, “[i]n most cases we show substantial deference to the factual findings of the Workers’ Compensation Appeal Board.” Plummer v. Workers’ Compensation Division, 209 W.Va. 710, 712, 551 S.E.2d 46, 48 (2001). Indeed, we have repeatedly held that: “This Court will not reverse a finding of fact made by the Workmen’s Compensation Appeal Board unless it appears from the proof upon which the appeal board acted that the finding is plainly wrong.” Syllabus, Dunlap v. State Workmen’s Compensation Commissioner, 152 W.Va. 359, 163 S.E.2d 605 (1968); Accord, Rushman v. Lewis, 173 W.Va. 149, 313 S.E.2d 426 (1984); Conley v. Workers’ Compensation Div., 199 W.Va. 196, 483 S.E.2d 542 (1997).

However, wdien considering a question of law, we have a different standard: “[w]hile the findings of fact of the appeal board are conclusive unless they are manifestly against the weight of the evidence, the legal conclusions of the appeal board, based upon such findings, are subject to review by the courts.” Barnett v. State Workmen’s Compensation Com’r., 153 W.Va. 796, 812, 172 S.E.2d 698, 707 (1970) (quoting Emmel v. State Compensation Director, 150 W.Va. 277, 145 S.E.2d 29 (1965)).

Also, we note that: ‘When the Workers’ Compensation Appeal Board reviews a ruling from the Workers’ Compensation Office of Judges it must do so under the standard of review set out in W. Va.Code § 23-5-12(b) (1995), and failure to do so will be reversible error.” Syl. pt. 6, Conley v. Workers’ Compensation Div., 199 W.Va. 196, 483 S.E.2d 542 (1997). That code section provides, in pertinent part:

[The WCAB] shall reverse, vacate or modify the order or decision of the administrative law judge if the substantial rights of the petitioner or petitioners have been prejudiced because the administrative law judge’s findings are:
(1) In violation of statutory provisions; or
(2) In excess of the statutory authority or jurisdiction of the administrative law judge; or
(3) Made upon unlawful procedures; or
(4) Affected by other error of law; or
(5) Clearly wrong in view of the reliable, probative and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

W. Va.Code § 23-5-12(b) (1995). Bearing these various standards in mind, we turn to the case before us.

III.

DISCUSSION

A. The Effect of Mr. Martin’s Death

The initial petition for appeal in this case concerned only whether or not Mr. Martin was entitled to an increase in his permanent partial disability award. We will discuss that issue in this opinion, but before doing so, we must address another issue raised by Mr. Martin’s demise. Because Mr. Martin died [275]*275before his claim could reach a final resolution, we must examine how his death may have affected the outcome of his claim.

Before proceeding, we reiterate the principles that guide us when considering a workers’ compensation issue. “‘The Workmen’s Compensation Law is remedial in its nature, and must be given a liberal construction to accomplish the purpose intended.’ Syl. pt. 3, McVey v. Chesapeake & Potomac Telephone Co., 103 W.Va. 519, 138 S.E. 97 (1927) (citation omitted).” Syl. pt. 1, Plummer v. Workers’ Compensation Division, 209 W.Va. 710, 551 S.E.2d 46 (2001).

Although the rules and regulations governing the workers’ compensation system in this state are necessarily detailed and complex, we must be careful to prevent those deserving of compensation from being thwarted by technicalities or procedural niceties:

“[The Workers’ Compensation Act] re-quintes] the state compensation commissioner in administering the workmen’s compensation fund, to ascertain the substantial rights of the claimants in such manner as will “carry out justly and liberally the spirit of the act” unrestricted by technical and formal rules of proce-dure_” Syllabus, in part, Culurides v. Ott, 78 W.Va. 696, 90 S.E. 270 (1916) (citation omitted).

Syl. pt. 2, Plummer v. Workers’ Compensation Division,

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Martin v. Workers' Compensation Division
557 S.E.2d 324 (West Virginia Supreme Court, 2001)

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557 S.E.2d 324, 210 W. Va. 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-workers-compensation-division-wva-2001.