STATE OF WEST VIRGINIA
 

SUPREME COURT OF APPEALS FILED 

November 12, 2014 

RORY L. PERRY II, CLERK 

KIMBERLY A. LAMP, SUPREME COURT OF APPEALS 

OF WEST VIRGINIA 

Claimant Below, Petitioner 

vs.) No. 13-1054	 (BOR Appeal No. 2048315) 

(Claim No. 2002006188) 

WEST VIRGINIA OFFICE OF 

INSURANCE COMMISSIONER 

Commissioner Below, Respondent 

and 

CAMDEN CLARK MEMORIAL HOSPITAL CORPORATION, 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Kimberly A. Lamp, by George Zivkovich, her attorney, appeals the decision of 

the West Virginia Workers’ Compensation Board of Review. The West Virginia Office of the 

Insurance Commissioner, by Anna Faulkner, its attorney, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated September 23, 2013, in 

which the Board affirmed a March 27, 2013, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s April 26, 2012, 

decision denying a request for authorization of the medications Lortab, Lyrica, Flexeril, Ambien, 

Xanax, Imitrex, Methadone, and Nexium. The Office of Judges also affirmed the claims 

administrator’s April 26, 2012, decision denying a request for authorization of a lumbar spine 

MRI, an EKG due to Methadone use, and a referral to Dr. Watson.1 The Court has carefully 

reviewed the records, written arguments, and appendices contained in the briefs, and the case is 

mature for consideration. 

1 Ms. Lamp does not appeal the Board of Review’s decision affirming the claims administrator’s 

April 26, 2012, denial of authorization for the medications Imitrex and Nexium. Additionally, 

Ms. Lamp does not appeal the Board of Review’s decision affirming the claims administrator’s 

April 26, 2012, denial of authorization for a referral to Dr. Watson. 

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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. 

Ms. Lamp filed a report of injury on June 18, 2001, indicating that she was injured while 

carrying radiographic films and their jackets to and from viewing rooms while employed as a 

radiographic clerk at Camden Clark Memorial Hospital. The claim was held compensable and 

Ms. Lamp underwent extensive lumbar spine surgery to treat the compensable injury. Michael 

Shramowiat, M.D., began treating Ms. Lamp following the compensable injury, and continues to 

be her primary care provider for pain management. On April 26, 2012, the claims administrator 

denied a request from Dr. Shramowiat for authorization of the medications Lortab, Lyrica, 

Flexeril, Ambien, Xanax, Imitrex, Methadone, and Nexium. Also on April 26, 2012, the claims 

administrator denied a request from Dr. Shramowiat for authorization of a lumbar spine MRI, an 

EKG due to Methadone use, and a referral to Dr. Watson. 

In its Order affirming both April 26, 2012, claims administrator’s decisions, the Office of 

Judges held that the requested medical treatment is necessitated by non-compensable 

degenerative changes and is therefore not medically necessary and reasonably required for the 

treatment of the compensable injury. As previously noted, Ms. Lamp has not appealed the denial 

of authorization for the medications Imitrex and Nexium, and also has not appealed the denial of 

authorization for a referral to Dr. Watson. 

The Office of Judges found that Ms. Lamp has made numerous prior requests for 

additional medical treatment which were denied based on the reports of Charles Lefebure, M.D.; 

Prasadarao Mukkamala, M.D.; and Saghir Mir, M.D., who all opined that Ms. Lamp has reached 

maximum medical improvement and determined that her current symptomology stems from preexisting degenerative changes unrelated to the compensable injury. Moreover, the Office of 

Judges found that Ms. Lamp has previously requested authorization for a lumbar spine MRI and 

has also requested authorization of the medications Methadone, Ambien, Lortab, Lyrica, and 

Flexeril, which was denied in a December 27, 2011, Office of Judges’ Order. The December 27, 

2011, Order of the Office of Judges was affirmed by the Board of Review on July 13, 2012, and 

the July 13, 2012, Board of Review Order was affirmed by this Court on May 16, 2014. Further, 

the Office of Judges noted that Dr. Shramowiat testified in a deposition that Ms. Lamp has 

already undergone the requested lumbar spine MRI. Finally, the Office of Judges concluded that 

the evidence of record demonstrates that the request for authorization of the medications Lortab, 

Lyrica, Flexeril, Ambien, Xanax, and Methadone; the request for authorization of a lumbar spine 

MRI; and the request for authorization of an EKG due to methadone use arise from the treatment 

of pre-existing, non-compensable degenerative changes. The Board of Review reached the same 

reasoned conclusions in its decision of September 23, 2013. We agree with the reasoning and 

conclusions of the Board of Review. 

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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: November 12, 2014 

CONCURRED IN BY: 

Chief Justice Robin J. Davis 

Justice Brent D. Benjamin 

Justice Margaret L. Workman 

Justice Menis E. Ketchum 

Justice Allen H. Loughry II 

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