Vandergriff v. Workers' Compensation Com'r, 19454

• Court: Supreme Court of West Virginia
• Writing for the Court: MILLER
• Citation: 183 W.Va. 148,394 S.E.2d 747
• Parties: Stella VANDERGRIFF, Widow of Richard Vandergriff v. WORKERS' COMPENSATION COMMISSIONER and Sewell Coal Company.
• Docket Number: No. 19454,19454
• Decision Date: 12 June 1990

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394 S.E.2d 747 183 W.Va. 148 Stella VANDERGRIFF, Widow of Richard Vandergriff
v.
WORKERS' COMPENSATION COMMISSIONER and Sewell Coal Company. No. 19454. Supreme Court of Appeals of West Virginia. June 12, 1990.

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[183 W.Va. 149] Syllabus by the Court

1. To obtain benefits under W.Va.Code, 23-4-10(b) (1978), a dependent is required to satisfy the following conditions: First, the deceased employee must have suffered a compensable personal injury or contracted occupational pneumoconiosis or another occupational disease. Second, this injury or disease must have caused the employee's death. Third, if death was due to injury, the disability must have been continuous from the date such injury occurred until the date of death.

2. W.Va.Code, 23-4-10(e) (1978), allows a dependent of a deceased employee to receive a lump sum payment equal to 104 weeks of benefits if the following three conditions have been met: (1) the decedent was receiving permanent total disability workers' compensation benefits at his death; (2) the death was from a cause other than a disabling injury; and (3) the decedent died leaving dependents as defined in W.Va.Code, 23-4-10(d) (1978).

3. " ' "Where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation." Syllabus Point 2, State v. Elder, 152 W.Va. 571, 165 S.E.2d 108 (1968).' Syllabus Point 2, State ex rel. Underwood v. Silverstein, [167 W.Va. 121], 278 S.E.2d 886 (1981)." Syllabus Point 1, Tanner v. Workers' Compensation Comm'r, 176 W.Va. 427, 345 S.E.2d 29 (1986).

4. Benefits payable to dependents under W.Va.Code, 23-4-10(e) (1978), are available only where the employee's death resulted from causes other than a disabling injury. Where the employee's death is a result of a compensable disabling injury or disease, dependents' death benefits are payable under W.Va.Code, 23-4-10(b) (1978). By utilizing the concepts of disabling and nondisabling injuries, the two statutes provide separate and distinct eligibility requirements.

Larry L. Rowe, Thomas H. Zerbe, Charleston, for Stella Vandergriff.

Jeff C. Woods, Jackson & Kelly, Charleston, for Sewell Coal Co.

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 accident. The Commissioner granted his widow, Stella Vandergriff, a lump sum payment of 104 weeks of death benefits pursuant to W.Va.Code, 23-4-10(e), which authorizes such payment "[i]f a person receiving [PTD] benefits dies from a cause other than a disabling injury." ¹

Thereafter, it was determined that Mr. Vandergriff's death was a result of respiratory problems due to occupational pneumoconiosis (OP). Mrs. Vandergriff filed for widow's benefits under W.Va.Code, 23-4-10(b)(1). ² The OP Board found from the

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[183 W.Va. 150] available medical evidence that OP was a major contributing factor in Mr. Vandergriff's death.

Based on the OP Board's finding, the Commissioner, by an order dated June 9, 1988, granted Mrs. Vandergriff widow's benefits under W.Va.Code, 23-4-10(b)(1). The Commissioner subsequently ruled, however, that the award should be offset by the amount of the lump sum benefits previously granted Mrs. Vandergriff under W.Va.Code, 23-4-10(e) and ordered the payment of widow's benefits delayed until 104 weeks had elapsed.

Mrs. Vandergriff apparently protested ³ this ruling, but by an order dated January 24, 1989, the Commissioner affirmed the prior order, holding that the provisions of W.Va.Code, 23-4-10(e), and W.Va.Code, 23-4-10(b)(1), were mutually exclusive and therefore barred dependents from receiving both types of benefits. Mrs. Vandergriff appealed, but the Appeal Board affirmed the Commissioner's ruling.

At issue here is whether Mrs. Vandergriff was entitled to lump sum death benefits under W.Va.Code, 23-4-10(e). We have not had occasion to interpret this provision. Prior to its enactment in 1978, ⁴ dependents could only obtain death benefits pursuant to W.Va.Code, 23-4-10(b) (1975). To obtain benefits under this statute, a dependent was, and still is, ⁵ required to satisfy the following conditions: First, the deceased employee must have suffered a compensable personal injury or contracted OP or another occupational disease. ⁶ Second, this injury or disease must have caused the employee's death. Third, if death was due to injury, the disability must have been continuous from the date such injury occurred until the date of death. ⁷ Thus, the hallmark of a widow's...