Tammie Adams, Dependent of Kenneth D. Adams (Deceased) v. Greyhead Mining Company, Inc., Mahon Enterprises, Inc., and West Virginia Offices of the Insurance Commissioner, in its capacity as administrator of The Old Fund
24-ica-510
| Intermediate Court of Appeals ... | Jun 27, 2025Background
- Tammie Adams, widow of Kenneth D. Adams, sought fatal dependents’ benefits under workers’ compensation after his 2019 death, asserting it resulted from occupational pneumoconiosis (OP) acquired through long-term coal mining exposure.
- Mr. Adams' medical history included various lung ailments (idiopathic pulmonary fibrosis, COPD, coal workers' pneumoconiosis, etc.) and treatments documented between 2006 and 2019.
- Early assessments (in the 1990s) found no evidence of OP; later x-rays suggested pneumoconiosis, but CT scans favored a diagnosis of idiopathic pulmonary fibrosis (IPF), not OP.
- The Occupational Pneumoconiosis Board (OP Board) and several medical experts concluded that Mr. Adams' exposure to coal dust did not materially contribute to his death, which was primarily caused by IPF.
- The Board of Review denied Ms. Adams’ claim, finding OP was not a material contributing factor to Mr. Adams’ death, and the Intermediate Court of Appeals affirmed this decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OP/coal dust exposure materially contributed to death | Adams: Decedent’s work disease caused/premature death | OP Board/Old Fund: Cause was IPF, not OP; scans supported | OP did not materially contribute; claim denied |
| Weight to give to competing medical evidence | Adams: Treating physicians' evidence supports claim | OP Board: CT evidence and expert review show IPF, not OP | OP Board’s medical opinion and Board’s findings upheld |
| Reliability of CT scans vs. x-rays | Adams: X-rays show CWP/OP, so should prevail | OP Board: CT scans are more sensitive, no CWP findings | Court accepted CT scans as more reliable for diagnosis |
| Burden to overturn OP Board findings | Adams: OP Board erred, ignored significant medical evidence | OP Board: Findings not clearly wrong, evidence substantial | Burden not met; findings not clearly wrong, Board affirmed |
Key Cases Cited
- Bradford v. Workers’ Comp. Comm’r, 185 W. Va. 434, 408 S.E.2d 13 (W. Va. 1991) (establishing the 'material contributing factor' standard for workers' compensation death claims)
- In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (W. Va. 1996) (explaining the deferential standard of review for agency decisions)
- Rhodes v. Workers’ Comp. Div., 209 W. Va. 8, 543 S.E.2d 289 (W. Va. 2000) (assigning burden to party challenging OP Board findings)