Rita H. Jones v. West Virginia Office of Insurance Commissioner/Trumbull Corporation

Summary

The Supreme Court of Appeals of West Virginia dismissed Rita H. Jones’s appeal as moot after the Board of Review vacated its prior order and remanded the workers’ compensation claim for consideration of whether depression or another psychiatric condition was compensable. The court held that compensability must be determined before deciding whether Escitalopram was medically related and reasonably necessary to treat the compensable injury.

Holdings

1. The appeal was moot because the Board of Review vacated the January 30, 2014, order from which Jones appealed and remanded the claim for further proceedings.
2. The compensability of the psychiatric diagnosis must be addressed before it can be determined whether the requested Escitalopram is medically necessary and reasonable for treatment of the claim.

Questions Presented

1. Whether the appeal should be dismissed as moot after the Board of Review vacated the order under review and remanded the claim for further proceedings.
2. Whether the compensability of the psychiatric diagnosis must be resolved before determining whether Escitalopram is medically related to and reasonably necessary for treatment of the compensable injury.

Disposition

dismissed