West Virginia Supreme Court

Betty J. Barnett, Widow v. State Workmen's Compensation Commissioner and Gauley Coal & Coke Company

March 3, 1970153 W. Va. 796

Summary

The court reversed the award of workers’ compensation death benefits because the evidence did not establish that Barnett sustained a compensable personal injury resulting from a definite, isolated, fortuitous occurrence at work. Although the coronary occlusion occurred during employment and may have been related to exertion, the routine effort to free the conveyor belt did not constitute the required accidental injury, and the medical opinion based on an unsupported factual assumption could not be considered.