April 23rd, 2015
Petitioner appeals the order of the Circuit Court of Kanawha County, entered on July 10, 2014, granting the motion of Respondent West Virginia Consolidated Public Retirement Board for summary judgment. Petitionerās appeal specifically attacks that part of the order in which the court determined that Respondent Board did not err in awarding petitioner disability retirement benefits rather than preretirement death benefits upon the death of her husband.
