Delores Turner v. Cornerstone Building Brands

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review’s decision concerning Delores Turner’s request for authorization of an MRI arthrogram for a compensable shoulder injury. The court held that the issue was moot because Turner underwent shoulder surgery without obtaining the requested diagnostic study. The court found no substantial question of law or prejudicial error and affirmed the Board’s order.

Holdings

1. The request for authorization of the MRI arthrogram was moot because the diagnostic study was intended to determine whether surgery was necessary, and Turner underwent the surgery before the arthrogram was performed.
2. The Court reviews questions of law arising from Board of Review decisions de novo, while deferring to the Board's findings, reasoning, and conclusions and refraining from de novo reweighing of the evidentiary record under the circumstances specified in W. Va. Code § 23-5-15.

Questions Presented

1. Whether the request for authorization of an MRI arthrogram was moot after Turner underwent shoulder surgery without waiting for the arthrogram.
2. What standard of review governs the Supreme Court of Appeals' review of the Board of Review's decision.

Disposition

affirmed