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  5. 394 S.E.2d 747 (1990)
 

VANDERGRIFF v. WORKERS' COMP. COM'N

No. 19454.

394 S.E.2d 747 (1990)

Stella VANDERGRIFF, Widow of Richard Vandergriff v. WORKERS' COMPENSATION COMMISSIONER and Sewell Coal Company.

Supreme Court of Appeals of West Virginia.

June 12, 1990.

Attorney(s) appearing for the Case

Larry L. Rowe, Thomas H. Zerbe, Charleston, for Stella Vandergriff.

Jeff C. Woods, Jackson & Kelly, Charleston, for Sewell Coal Co.

MILLER, Justice:

In this workers' compensation case, we are asked to determine whether the Workers' Compensation Commissioner and the Workers' Compensation Appeal Board were correct in holding that lump sum death benefits paid under W.Va.Code, 23-4-10(e) (1978), could be used as an offset against widow's benefits payable under W.Va. Code, 23-4-10(b)(1) (1978).

On May 5, 1987, Richard Vandergriff, a disabled coal miner, died. At the time of his death, Mr. Vandergriff...

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