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STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS PECHINEY ROLLED PRODUCTS, LLC, Petitioner vs.) No. 11-0451 (BOR Appeal No. 2044851) (Claim No. 2003018733)
FILED
November 19, 2012
RORY L. PERRY II, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA

WEST VIRGINIA OFFICE OF INSURANCE COMMISSIONER and STANLEY ADKINS, Respondent

MEMORANDUM DECISION
Petitioner Pechiney Rolled Products, LLC ("Pechiney"), by H. Toney Stroud, its attorney, appeals the decision of the West Virginia Workers' Compensation Board of Review. Stanley Adkins, by Edwin H. Pancake, his attorney, filed a timely response. This appeal arises from the Board of Review's Final Order dated February 14, 2011, in which the Board affirmed a July 21, 2011, Order of the Workers' Compensation Office of Judges. In its Order, the Office of Judges reversed the claims administrator's two separate orders denying authorization for x-rays of the lumbar spine and medications. The Court has carefully reviewed the records, written arguments, and appendices contained in the petition, and the case is mature for consideration. Having considered the petition 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.

Mr. Adkins sustained a compensable injury on September 19, 2002, and underwent surgery to his low back in April of 2003 and February of 2004. In June of 2009, the claims administrator held that no further payments would be issued after August 16, 2009, due to finding that Mr. Adkins had reached maximum medical improvement and that the treatments exceeded guidelines in the West Virginia Code of State Regulations, Title 85, Series 20. The
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June of 2009 decision would later be overturned by the Office of Judges in October of 2009. But before it could be overturned, on September 30, 2009, the claims administrator denied authorization for requested treatments based on the June of 2009 Order. In the present case, the Office of Judges reversed the claims administrator's orders denying requested x-rays of the lumbar spine and denying the medications Trazadone, Ibuprofen, and Medrol Dose Pak on July 21, 2010. On appeal to both the Board of Review and this Court, Pechiney argues that the Office of Judges exceeded litigation rules, West Virginia Code of State Rules

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