W.V. Court Invalidates Confusing Administrative Closures Regulation

The West Virginia Supreme Court invalidated a regulation that created the false perception that claimants would have to file a petition to reopen a claim that was administratively closed.The state's high court invalidated West Virginia 85 CSR Section 1-13.1, which allows administrators to administratively close a claim six months after the claim's last date of service. The justices held that the regulation “does not comport” with West Virginia Code Section 23-4-16(a)(4), because Section 1-13.1 creates the misperception that a claimant would have to file a petition to reopen...