OPINION ISSUED FEBRUARY 3, 1989
MICHAEL P. KING
STATE BOARD OF REHABILITATION
Paul R. Goode, Jr., Attorney at Law, for claimant.
Janet F. Steele, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the allegations
Notice of Claim and
the respondent's Answer.
Claimant seeks $2,616.50 for reimbursement of tuition for several
semesters of study at West
Virginia University. Claimant was denied rehabilitation services by
respondent in July, 1986.
Claimant was diagnosed as having 20/300 vision in the left eye due
amblyopia on June 20,
1986. The Rehabilitation Services Section of the Division of
known as the Division of Rehabilitation Services, a facility of the
respondent, determined that
claimant was ineligible for services. It was its opinion that
had no functional limitations as
a result of his disability. Claimant filed for an Administrative
of the ineligibility decision.
The initial decision was found to be in error and it was determined
claimant was, in fact,
eligible for rehabilitation services under State and Federal
on March 11, 1988. The
respondent admits the validity and amount of this claim and states
there were sufficient funds
expired in the appropriate fiscal year upon which the claim could
In view of the foregoing, the Court makes an award in the amount sought.
Award of $2,616.50.