W.Va. Court Affirms Denial of Dependent Benefits in Occupational Pneumoconiosis Case

CHARLESTON, W.Va. –– A West Virginia appellate court has affirmed a denial of dependent benefits to the widow of a worker who allegedly developed occupational pneumoconiosis as a result of exposure to silica and other toxic substances.

In the Dec. 2 opinion, the West Virginia Supreme Court of Appeals said the lone expert testimony supporting the plaintiff’s claim was not consistent with the other evidence on the record.

Sharon Neeley filed the workers’ compensation claim on behalf of her husband, Noble Ray Neeley, whose employment with Alcan Rolled Products allegedly exposed him to silica and coal dust, leading him to …