George F. Butcher v. W. Va. Ofc. of Ins. Comm./A.C. Dellovade, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of authorization for the medications Vyvanse and Ketamine in a workers’ compensation claim. The court concluded that Vyvanse was primarily prescribed for attention deficit hyperactivity disorder, which was not a compensable condition, and that the request for Ketamine was unsupported by the evidentiary record. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure, with one justice dissenting.

Holdings

1. The denial of authorization for Vyvanse was proper because the evidence indicated that it was primarily prescribed to treat attention deficit hyperactivity disorder, which was not a compensable condition in the claim.
2. The denial of authorization for Ketamine was proper because the evidentiary record did not adequately support the request.
3. The Board of Review's decision did not clearly violate a constitutional or statutory provision, result from erroneous conclusions of law, or rely on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Workers' Compensation Board of Review properly affirmed the denial of authorization for Vyvanse.
2. Whether the Workers' Compensation Board of Review properly affirmed the denial of authorization for Ketamine.
3. Whether the Board of Review's decision clearly violated a constitutional or statutory provision, resulted from erroneous conclusions of law, or rested on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed