STATE OF WEST VIRGINIA 

SUPREME COURT OF APPEALS FILED 

February 5, 2013
 

RORY L. PERRY II, CLERK
 

NANA RAMSEY, WIDOW OF DENNIS RAMSEY, SUPREME COURT OF APPEALS
 

OF WEST VIRGINIA 

Claimant Below, Petitioner 

vs.) No. 11-0753	 (BOR Appeal No. 2045168) 

(Claim No. 2008020507) 

WEST VIRGINIA OFFICE OF 

INSURANCE COMMISSIONER 

Commissioner Below, Respondent 

and 

CONSOLIDATION COAL COMPANY, 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Nana Ramsey, by J. Thomas Greene Jr., her attorney, appeals the decision of 

the West Virginia Workers’ Compensation Board of Review. Consolidation Coal Company, by 

Stephen Higgins, its attorney, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated April 6, 2011, in which 

the Board affirmed a September 2, 2010, Order of the Workers’ Compensation Office of Judges. 

In its Order, the Office of Judges reversed the claims administrator’s September 23, 2008, 

decision granting dependent’s 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 

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

Procedure. 

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Ms. Ramsey filed a claim for dependent’s benefits on November 20, 2007, following the 

death of her husband, Dennis, who died on October 13, 2007. The cause of death was listed as 

cardiopulmonary arrest and severe emphysema. On July 10, 2008, the Occupational 

Pneumoconiosis Board found that occupational pneumoconiosis was a material contributing 

factor in the decedent’s death, despite finding only minimal x-ray evidence of occupational 

pneumoconiosis. The Board noted that the decedent had received a lifetime permanent partial 

disability award of 77.5% for occupational pneumoconiosis. On June 21, 2009, Dr. Renn 

conducted an independent medical review and found that the decedent died from intractable left 

ventricular cardiac failure owing to very severe ischemic cardiomyopathy, and that occupational 

pneumoconiosis was neither the cause of nor a contributing factor to his death. On May 5, 2010, 

the Occupational Pneumoconiosis Board testified that following its 2008 evaluation, more 

medical records became available, and that in 2008 the Board was unaware of the decedent’s 

cardiac dysfunction. The Occupational Pneumoconiosis Board reiterated its 2008 finding of 

minimal radiographic evidence of occupational pneumoconiosis. The Board testified that after 

reviewing the complete medical record, the decedent died as a result of severe cardiac 

dysfunction, and exposure to coal dust played no material role in his death. 

In its Order reversing the September 23, 2008, claims administrator’s decision, the Office 

of Judges held that occupational pneumoconiosis did not contribute in any material way to the 

decedent’s death. Ms. Ramsey disputes this finding and asserts that the evidence of record 

demonstrates that occupational pneumoconiosis materially contributed to her husband’s death. 

The Office of Judges noted that both the Occupational Pneumoconiosis Board and Dr. 

Renn found that the decedent had a substantial history of deteriorating heart problems. The 

Office of Judges found that at the time of the Occupational Pneumoconiosis Board’s initial 

recommendation, the medical records documenting his heart problems were unavailable. Finally, 

the Occupational Pneumoconiosis Board found that the decedent’s heart problems caused his 

death and were so severe that his death was completely unrelated to coal dust exposure, despite a 

substantial lifetime permanent partial disability award for occupational pneumoconiosis. The 

Board of Review reached the same reasoned conclusions in its decision of April 6, 2011. We 

agree with the reasoning and conclusions of the Board of Review. 

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. 

Affirmed. 

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ISSUED: February 5, 2013 

CONCURRED IN BY: 

Chief Justice Brent D. Benjamin 

Justice Robin J. Davis 

Justice Margaret L. Workman 

Justice Menis E. Ketchum 

Justice Allen H. Loughry II 

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