J.S., a Minor by His Next Friend and Mother S.N., Petitioner Below, Petitioner
v.
Patsy A. HARDY, in Her Official Capacity as Secretary of the West Virginia Department of Health and Human Resources; and Todd Thornton, In His Official Capacity As State Hearing Officer for the West Virginia Department of Health and Human Resources, Respondents Below, Respondents.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Darrell V. McGraw, Esq. , Attorney General, Michael E. Bevers, Esq. , Assistant Attorney General, Kimberly Stitzinger-Jones , Assistant Attorney General, Bureau for Medical Services, West Virginia Department of Health and Human Resources, Charleston, WV, for Respondent Department of Health and Human Resources.
Supreme Court of Appeals of West Virginia.
PER CURIAM:
The petitioner, J.S.,1 a minor by his next friend and mother, S.N., appeals the January 14, 2011, order of the Circuit Court of Kanawha County. The circuit court's order affirmed the decision of Respondent West Virginia Department of Health and Human Resources ("DHHR") that denied the petitioner's authorization request for a power wheelchair. Upon our review of this matter, we find that the circuit court applied an erroneous...
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