Summary
The Supreme Court of Appeals of West Virginia reviewed a workers’ compensation dispute concerning whether Sara P. Stevens was entitled to an arthroscopic evaluation of her left knee after a work-related injury. The court reversed and remanded the Board of Review’s decision, concluding that the Board had materially mischaracterized the evidence and that the requested evaluation was reasonably required treatment for the compensable injury.
Holdings
- The Board of Review's denial was the result of an erroneous conclusion of law and was based on a material misstatement or mischaracterization of the evidentiary record.
- Stevens was entitled to the requested arthroscopic evaluation of her left knee as reasonably required medical treatment for her work-related injury.
Questions Presented
- Whether the Board of Review erred in denying authorization for a diagnostic arthroscopic evaluation of Stevens's left knee.
- Whether the requested arthroscopy was reasonably required medical treatment for Stevens's compensable work-related knee injury under West Virginia Code of State Rules § 85-20-44.2.e (2006).
Disposition
reversed_and_remanded
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Court Document
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