Vandergriff v. Workers' Compensation Commissioner

MILLER, Justice:

In this workers’ compensation case, we are asked to determine whether the Workers’ Compensation Commissioner and the Workers’ Compensation Appeal Board were correct in holding that lump sum death benefits paid under W.Va.Code, 23-4-10(e) (1978), could be used as an offset against widow’s benefits payable under W.Va. Code, 23 — 4—10(b)(1) (1978).

On May 5, 1987, Richard Vandergriff, a disabled coal miner, died. At the time of his death, Mr. Vandergriff was receiving permanent total disability (PTD) benefits as a result of a severe back and neck injury he incurred in a mining…