Mary A. Collins v. W. Va. Office of Insurance Commissioner/Bluefield Regional Medical Center (Memorandum Decision)
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STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS FILED November 17, 2011 MARY A. COLLINS, Petitioner vs.) RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA No. 101153 (BOR Appeal No. 2044280) (Claim No. 2004013922) WEST VIRGINIA OFFICE OF INSURANCE COMMISSIONER and BLUEFIELD REGIONAL MEDICAL CENTER, Respondent MEMORANDUM DECISION This appeal arises from the West Virginia Workers Compensation Board of Review Final Order dated August 17, 2010, in which the Board affirmed a March 17, 2010, Order of the Workers Compensation Office of Judges. In its Order, the Office of Judges affirmed the claims administrator s denial of authorization for a repeat MRI. The appeal was timely filed by the petitioner and a response was filed by the Office of Insurance Commissioner. The Court has carefully reviewed the records, written arguments, and appendices contained in the petition, and the case is mature for consideration. Pursuant to Rule 1(d) of the Revised Rules of Appellate Procedure, this Court is of the opinion that this matter is appropriate for consideration under the Revised Rules. Having considered the petition, response, and the relevant decision of the lower tribunal, the Court is of the opinion that the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the Court determines that there is no prejudicial error. This case does not present a new or significant question of law. For these reasons, a memorandum decision is appropriate under Rule 21 of the Revised Rules of Appellate Procedure. Ms. Collins asserts the Board of Review improperly denied the instant MRI in light of the relevant medical evidence establishing a causal connection between new complaints of pain and the medical necessity of the MRI. The Office of Insurance Commissioner asserts Ms. Collins failed to prove a causal connection between her new complaints of pain and the requested MRI.
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