Jennifer Moore v. K-Mart Corporation

REVERSED AND REMANDED

WORKMAN, Chief Justice:

In this workers’ compensation appeal, the' claimant/petitioner, Jennifer Moore (“Petitioner”), challenges the validity of a regulation insofar as it denies reimbursement for medically necessary intravenous chelation therapy when the therapy is performed in a physician’s office. Having studied the record and reviewed the arguments of the parties in consideration of applicable legal authority, we conclude the portion of the regulation challenged is unreasonable and inconsistent with the Workers’ Compensation Act, specifically West Virginia Code §…