For purposes of this article, the mesothelioma victim in this case will be referred to as Mr. S.T.C. and his widow as Mrs. M.C.

In a recent court decision, the Court of Appeals of West Virginia overturned a worker’s compensation board’s mesothelioma ruling. Mr. S.T.C. died of malignant mesothelioma in October 2020.  After Mr. S.T.C.’s passing, his widow, Mrs. M.C., filed a workers’ compensation claim against his former employer.  However, the claim was denied. Mrs. M.C. challenged this decision before the workers’ compensation board, which upheld the administrator’s denial. Mr. S.T.C.’s widow refused to give up and filed an appeal with the Court of Appeals of West Virginia. This time, the decision was overturned. Mrs. M.C.’s workers’ compensation claim was returned for further consideration.

Mrs. M.C. presented a strong case to the workers’ compensation board. She had strong evidence showing the asbestos exposure that led to Mr. M.C.’s illness. The widow presented a comprehensive collection of documents, including a statement that her late husband prepared before his passing. In his statement, Mr. S.T.C. explained his employment history and the duties he performed, which involved working closely with asbestos-contaminated materials. Mrs. M.C. also provided an affidavit from one of her late husband’s supervisors, as well as technical details from equipment manuals and physician testimonies that supported the link between her late husband’s work environment and his illness.

Despite the strong evidence that Mrs. M.C. presented, her claim was denied. The workers’ compensation board claimed that Mrs. M.C. had failed to sufficiently prove that her late husband had been exposed to occupational pneumoconiosis hazards during his employment. The board presented an affidavit from a shop foreman who claimed he didn’t know about the presence of asbestos at the facility.

Upon reviewing the case, the appeals court found that the workers’ compensation board’s decision was wrong since it based its decision on occupational pneumoconiosis standards instead of those established by law that apply to occupational illnesses. The appeals court emphasized that when there is a clear scientific link between a disease and a particular workplace hazard, a claimant only needs to demonstrate that they were exposed to the hazard and diagnosed with an illness connected to it to establish a prima facie case of causation. The appeals court vacated the workers’ compensation board’s decision and returned the case for reconsideration.

Workers’ Compensation for Mesothelioma Victims and Their Families

When mesothelioma results from occupational hazards, victims and their families can seek workers’ compensation benefits. To qualify, claimants must show that asbestos exposure occurred during their or their loved one’s employment. For families whose loved ones die due to mesothelioma, workers’ compensation can cover funeral expenses and provide ongoing support. However, navigating workers’ compensation claims can be complex, often requiring legal assistance. Skilled attorneys can help victims and their families recover the workers’ compensation benefits they deserve.

Nationwide Mesothelioma Lawyers           

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment and help you and your family live a more comfortable life.