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NEWMAN v. RICHARDSON

No. 20206.

410 S.E.2d 705 (1991)

Margaret A. NEWMAN, Eloise Sims and Helen Smigill, Petitioners, v. Andrew N. RICHARDSON, Workers' Compensation Commissioner, Respondent.

Supreme Court of Appeals of West Virginia.

Decided October 16, 1991.

Attorney(s) appearing for the Case

Scott S. Segal, Jeffery V. Mehalic, Hostler and Segal, Charleston, for petitioners.

Mario Palumbo, Atty. Gen., C. Terry Owen, Sr. Asst. Atty. Gen., Charleston, for respondent.

NEELY, Justice:

Margaret A. Newman, Eloise J. Sims and Helen Smigill are all widows whose applications for dependents' benefits based on occupational pneumoconiosis were rejected by the Workers' Compensation Commissioner because their husbands' deaths were not caused by injuries or conditions received in the course of and resulting from employment. Although all widows filed administrative protests, they also petitioned...

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