Pipefitter’s widow entitled to death benefits in occupational disease claim

The widow of a pipefitter who died after developing leukemia was entitled to death benefits even though pneumonia from COVID-19 was listed as an official cause of death, the West Virginia Intermediate Court of Appeals ruled Wednesday.

The court turned away an appeal by PPG Industries Inc., which employed David Wells as a pipefitter, welder and temporary foreman from 1966 to 2001.

Mr. Wells filed an occupational disease claim after being diagnosed with chronic myelomonocytic leukemia, which he alleged was caused by workplace chemical exposure.

When he died in September 2021, a medical examiner listed his cause of death as pneumonia caused by the COVID-19 virus.

Linda Wells filed for death benefits on behalf of her late husband a year later.

PPG protested the claim, arguing that insufficient evidence existed to prove the death was caused by work-related occupational disease, and not COVID-19, which Mr. Wells could have contracted anywhere.

A workers comp claim administrator denied Ms. Wells’ application for fatal dependents’ benefits, but a review board reversed, finding there was enough evidence to show Mr. Wells’ leukemia was connected to workplace chemical exposure.

The appellate court said the review board correctly determined enough evidence existed to establish that Mr. Wells’ leukemia was a “material contributing factor” in his death and that his widow could collect death benefits.