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ZELENKA v. CITY OF WEIRTON

No. 26900.

539 S.E.2d 750 (2000)

Stamatia C. ZELENKA, Executrix of the Estate of James G. Kapiris, Plaintiff, v. CITY OF WEIRTON, et al., Defendants.

Supreme Court of Appeals of West Virginia.

Decided June 12, 2000.

Concurring Opinion of Justice Davis and Dissenting Opinion of Justice Starcher July 20, 2000.

Attorney(s) appearing for the Case

Robert P. Fitzsimmons, Esq., Fitzsimmons Law Offices, Wheeling, West Virginia and Mark A. Colantonio, Esq., Frankovitch, Anetakis, Colantonio & Simon, Weirton, West Virginia, Attorneys for the Plaintiff.

David L. Wyant, Esq., Shuman, Annand & Bailey, Wheeling, West Virginia, Attorney for City of Weirton.

Joseph W. Selep, Esq., Zimmer Kunz Prof. Corp., Pittsburgh, Pennsylvania, Attorney for Dover Industries.

Timothy J. Burdette, Esq., Antandig, McDyer, Burdette, Pittsburgh, Pennsylvania, Attorney for Imperial Hoist, Inc.

Michael G. Gallaway, Esq., Burns, White & Hickton, Wheeling, West Virginia, Attorney for Wallover, et al.

MAYNARD, Chief Justice:

In this case, the Circuit Court of Hancock County has certified two questions to this Court. The certified questions and the circuit court's answers are as follows:

Are the death benefits available pursuant to W.Va.Code §§ 23-4-3 (1995), 23-4-4(a) (1995) and 23-4-10(a) (1995) a grossly inadequate or patently unfair workers' compensation remedy for a work related death when the only benefit paid is the statutory payment of...

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