Jacqueline D. Hoover v. W. Va. Office of Insurance Commissioner/Ritchie Co. Bd. of Ed. ( 2013 )


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  •                              STATE OF WEST VIRGINIA
    SUPREME COURT OF APPEALS                                FILED
    February 7, 2013
    RORY L. PERRY II, CLERK
    JACQUELINE D. HOOVER,                                                     SUPREME COURT OF APPEALS
    OF WEST VIRGINIA
    Claimant Below, Petitioner
    vs.)   No. 11-0682	 (BOR Appeal No. 2045027)
    (Claim No. 2002058659)
    WEST VIRGINIA OFFICE OF
    INSURANCE COMMISSIONER
    Commissioner Below, Respondent
    and
    RITCHIE COUNTY BOARD OF EDUCATION,
    Employer Below, Respondent
    MEMORANDUM DECISION
    Petitioner Jacqueline D. Hoover, by George Zivkovich, her attorney, appeals the decision
    of the West Virginia Workers’ Compensation Board of Review. The West Virginia Office of
    Insurance Commissioner, by Anna Faulkner, its attorney, filed a timely response.
    This appeal arises from the Board of Review’s Final Order dated April 4, 2011, in which
    the Board affirmed a September 3, 2010, Order of the Workers’ Compensation Office of Judges.
    In its Order, the Office of Judges affirmed the claims administrator’s February 8, 2010, decision
    denying a request for a cervical MRI. The Court has carefully reviewed the records, written
    arguments, and appendices contained in the briefs, and the case is mature for consideration.
    This Court has considered the parties’ briefs and the record on appeal. The facts and legal
    arguments are adequately presented, and the decisional process would not be significantly aided
    by oral argument. Upon consideration of the standard of review, the briefs, and the record
    presented, the Court finds no substantial question of law and no prejudicial error. For these
    reasons, a memorandum decision is appropriate under Rule 21 of the Rules of Appellate
    Procedure.
    1
    Ms. Hoover was working as a custodian for the Ritchie County Board of Education when
    she was injured on May 8, 2002. On June 20, 2002, the claim was held compensable for
    lumbago, unspecified thoracic/lumbar neuritis, sprain/strain of lumbar region, and sprain/strain
    of neck. On January 21, 2010, Dr. Shramowiat requested authorization for a cervical MRI. The
    claims administrator denied the request on February 8, 2010.
    The Office of Judges concluded that the preponderance of the evidence did not establish
    that the requested cervical MRI was medically related and reasonably required medical treatment
    for the compensable injury. On appeal, Ms. Hoover argues that the permanent impairment in her
    neck resulting from the compensable injury necessitates the MRI. The West Virginia Office of
    Insurance Commissioner maintains that the sprain/strain of the neck should have resolved, and
    that the MRI is related to non-compensable conditions.
    In affirming the claims administrator’s Order, the Office of Judges noted that herniated
    cervical disc has not been held compensable in the claim. It also noted that Dr. Shramowiat’s
    testimony made it seem that degenerative disc disease is causing Ms. Hoover’s current condition.
    Moreover, under West Virginia Code of State Rules § 85-20-35.5 (2006), the estimated duration
    for a cervical sprain/strain is one to four weeks. The Office of Judges concluded that there were
    no medical findings justifying an additional MRI for the cervical spine. The Board of Review
    reached the same reasoned conclusions in its decision of April 4, 2011. We agree with the
    reasoning and conclusions of the Board of Review.
    For the foregoing reasons, we find that the decision of the Board of Review is not in clear
    violation of any constitutional or statutory provision, nor is it clearly the result of erroneous
    conclusions of law, nor is it based upon a material misstatement or mischaracterization of the
    evidentiary record. Therefore, the decision of the Board of Review is affirmed.
    Affirmed.
    ISSUED: February 7, 2013
    CONCURRED IN BY:
    Chief Justice Brent D. Benjamin
    Justice Robin J. Davis
    Justice Margaret L. Workman
    Justice Menis E. Ketchum
    Justice Allen H. Loughry II
    2
    

Document Info

Docket Number: 11-0682

Filed Date: 2/7/2013

Precedential Status: Precedential

Modified Date: 10/30/2014