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NEY v. STATE WORKMEN'S COMPENSATION COM'R

No. 15571.

297 S.E.2d 212 (1982)

Anthony M. NEY v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Capitol Fuels, Inc.

Supreme Court of Appeals of West Virginia.

October 28, 1982.

Attorney(s) appearing for the Case

Terry M. Jordan, McIntyre, Haviland & Jordan, Charleston, for appellant.

Thomas H. Vanderford, Pauley, Curry & Thaxton, Charleston, for appellees.

HARSHBARGER, Justice:

In this workmen's compensation appeal, the claimant challenges the validity of a regulation of the West Virginia Workmen's Compensation Fund that provides for reimbursement of travel expenses incurred in obtaining medical treatment only if the distance traveled exceeds 25 miles. Because we conclude the challenged regulation is out of harmony with the purpose of the Workmen's Compensation Act, we hereby invalidate it and remand the case for further...

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