Legal Opinion

Newman v. Richardson

West Virginia Supreme Court

Decided October 16, 1991No. 20206PublishedCited by 5 opinions

1Opinion of the Court

NEELY, Justice:

Margaret A. Newman, Eloise J. Sims and Helen Smigill are all widows whose applications for dependents' benefits based on occupational pneumoconiosis were rejected by the Workers’ Compensation Commissioner because their husbands’ deaths were not caused by injuries or conditions received in the course of and resulting from employment. Although all widows filed administrative protests, they also petitioned this Court for a writ of mandamus to compel the Workers’ Compensation Commissioner to refer their dependents’ claims to the Occupational Pneumoconiosis Board for review. The…

2Cases cited6 opinions

  1. Bradford v. Workers' Compensation CommissionerWest Virginia Supreme Court · 1991
  2. Ferguson v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1968
  3. Powell v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1980
  4. Meadows v. Workmen's Compensation CommissionerWest Virginia Supreme Court · 1973
  5. Godfrey v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Marlin v. Bill Rich Construction, Inc.West Virginia Supreme Court · 1996
  2. Fenton Art Glass Co. v. West Virginia Office of the Insurance CommissionerWest Virginia Supreme Court · 2008
  3. Rhodes v. Workers' Compensation DivisionWest Virginia Supreme Court · 2001
  4. Fenton Art Glass Co. v. West Virginia Office of the Insurance CommissionerWest Virginia Supreme Court · 2008
  5. Rhodes v. Workers' Compensation DivisionWest Virginia Supreme Court · 2001

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