STATE OF WEST VIRGINIA
 

SUPREME COURT OF APPEALS FILED 

June 16, 2015 

RORY L. PERRY II, CLERK 

JEANETTE CAMPBELL, WIDOW OF VERNON L. SUPREME COURT OF APPEALS 

OF WEST VIRGINIA 

CAMPBELL, Claimant Below, Petitioner 

vs.) No. 14-0972 (BOR Appeal No. 2049275) 

(Claim No. 720062640) 

WEST VIRGINIA OFFICE OF 

INSURANCE COMMISSIONER 

Commissioner Below, Respondent 

and 

CHOICEPOINT SERVICES, INC., 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Jeanette Campbell, widow of Vernon L. Campbell, by Edwin H. Pancake, her 

attorney, appeals the decision of the West Virginia Workers’ Compensation Board of Review. 

The West Virginia Office of Insurance Commissioner, by Jon H. Synder, its attorney, filed a 

timely response. 

This appeal arises from the Board of Review’s Final Order dated August 25, 2014, in 

which the Board affirmed a February 21, 2014, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s November 5, 2012, 

decision denying Mrs. Campbell’s application for dependents’ benefits. The Court has carefully 

reviewed the records, written arguments, and appendices contained in the briefs, and the case is 

mature for consideration. 

This Court has considered the parties’ briefs and the record on appeal. The facts and legal 

arguments are adequately presented, and the decisional process would not be significantly aided 

by oral argument. Upon consideration of the standard of review, the briefs, and the record 

presented, the Court finds no substantial question of law and no prejudicial error. For these 

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reasons, a memorandum decision is appropriate under Rule 21 of the Rules of Appellate 

Procedure. 

Mr. Campbell worked as an accountant for Choicepoint Services, Inc. Mr. Campbell was 

receiving permanent total disability benefits due to a work-related neck injury occurring in May 

of 1972. Mr. Campbell died on October 9, 2010, and the death certificate listed the immediate 

cause of death as sepsis, urinary tract infection, disability, and bedbound state. On December 23, 

2010, the claims administrator granted Mrs. Campbell 104 weeks of dependents’ benefits 

pursuant to West Virginia Code § 23-4-10(e) (2010) that states if a person who is receiving 

permanent total disability benefits dies from a cause other than a disabling injury then his or her 

dependents shall be awarded an amount equal to 104 times the weekly benefit that the deceased 

was receiving at the time of death. Mrs. Campbell filed an application for dependents’ benefits in 

May of 2012. The claims administrator denied the application for dependents’ benefits on the 

basis that the application was untimely filed since it was not received within six months from the 

date of death based on West Virginia Code § 23-4-15(a) (2010). 

The Office of Judges affirmed the claims administrator’s decision and found the 

application for dependents’ benefits was not timely filed because it was not filed within six 

months of the decedent’s date of death. The Board of Review affirmed the Order of the Office of 

Judges. On appeal, Mrs. Campbell disagrees and asserts that she filed her application for 104 

weeks of dependents’ benefits pursuant to the claims administrator’s instruction and failed to 

understand that she was required to file an additional claim for full dependents’ benefits due to 

lack of explanation by the claims administrator. West Virginia Office of Insurance 

Commissioner maintains that Mrs. Campbell’s claim is barred because Mr. Campbell died on 

October 9, 2010. It further maintains that Mrs. Campbell did not file her application until May 3, 

2012, which is outside the six months requirement. 

The record shows that Mr. Campbell died on October 9, 2010. West Virginia Code § 23­

4-15(a) requires that in order for an application for dependents’ benefits to be timely filed, it 

must be filed within six months of the date of death. The Office of Judges concluded that the 

application in this claim should have been filed by April 9, 2011, under this statute but found 

Mrs. Campbell did not file an application until May of 2012. Even though Mrs. Campbell stated 

that she was unaware of the need to file an application for dependents’ benefits, the Office of 

Judges concluded that there is no excuse or exception under this statute for failing to timely file. 

Therefore, the Office of Judges found the claims administrator did not err in denying the claim. 

The Board of Review agreed with the Office of Judges. This Court agrees with the Board of 

Review because Mrs. Campbell untimely filed her application after the six month requirement 

stated in West Virginia Code § 23-4-15(a). 

For the foregoing reasons, we find that the decision of the Board of Review is not in clear 

violation of any constitutional or statutory provision, nor is it clearly the result of erroneous 

conclusions of law, nor is it based upon a material misstatement or mischaracterization of the 

evidentiary record. Therefore, the decision of the Board of Review is affirmed. 

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Affirmed. 

ISSUED: June 16, 2015 

CONCURRED IN BY: 

Chief Justice Margaret L. Workman 

Justice Robin J. Davis 

Justice Brent D. Benjamin 

Justice Menis E. Ketchum 

Justice Allen H. Loughry II 

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