Jacqueline D. Hoover v. W. Va. Office of Insurance Commissioner/Ritchie Co. Bd. of Ed.

Summary

The Supreme Court of Appeals of West Virginia affirmed the Workers’ Compensation Board of Review’s denial of authorization for a cervical MRI. The court held that the evidence did not establish that the MRI was medically related and reasonably required for the compensable injury, which included a cervical sprain/strain.

Holdings

1. The Board of Review's decision affirming denial of authorization for the cervical MRI was not in clear violation of a constitutional or statutory provision, was not clearly the result of erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Workers' Compensation Board of Review erred in affirming the denial of authorization for a cervical MRI.
2. Whether the evidence established that the requested cervical MRI was medically related to and reasonably required treatment for the compensable neck injury.

Disposition

affirmed