Gabriele M. Bischof v. Wood County Board of Education

Summary

The West Virginia Supreme Court of Appeals reversed and remanded a Workers’ Compensation Board of Review decision denying authorization for a lumbar spine MRI. The court held that the denial was based on a material mischaracterization of the evidentiary record because the MRI was necessary for preoperative planning related to treatment of compensable lumbar radiculopathy and an L5-S1 disc herniation. Two justices dissented, concluding that the MRI was related to the claimant’s pre-existing spondylolisthesis and stenosis.

Holdings

1. The Board of Review erred because its decision was based upon a material mischaracterization of the evidentiary record; the requested lumbar spine MRI was necessary for successful preoperative planning and had to be authorized.

Questions Presented

1. Whether the Board of Review erred by affirming denial of authorization for a lumbar spine MRI requested for preoperative planning.
2. Whether the requested MRI was reasonably required for treatment of compensable conditions rather than solely for treatment of pre-existing, noncompensable spondylolisthesis and stenosis.

Disposition

reversed_and_remanded