A person who, by reason of error, irrespective of the nature of said error, has received a sum as a benefit under this chapter, shall either have such sum deducted from a future benefit payable to him or shall repay to the commissioner the amount which he has received. Collection shall be made in the same manner as collection of past due payment: Provided, That such collection or deduction of benefits shall be barred after the expiration of two years.
W. Va. Code § 21A-10-21
Recovery of benefits paid through error; limitation
Known as the Unemployment Compensation Law
The act spans §§ 21A-10-1 to 21A-9-9a (265 sections).
Applied in 3 court decisions — leading case 192 W. Va. 568 - Board of Education of the County of Mercer v. Wirt (1994)
Most recently applied in Secretary of Labor Wamsley v. Mutual Mining Incorporated (April 1996)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.