OPINION ISSUED DECEMBER 2, 1991
LIFETEAM EMS AMBULANCE, INC.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Claimant represents self.
John E. Shank, Deputy Attorney General, for respondent.
This claim was submitted for decision based upon the allegations in the Notice of Claim and the
Claimant seeks $188.50 for unpaid transportation costs for the retrieval of a corpse to be taken to the
Medical Examiner's Office for investigation. The invoice for the transportation costs was processed
for payment in the proper fiscal year; however, respondent believed the invoice was excessive and
refused all but $27.00 of the invoice. Respondent asserts that the Office of the Medical Examiner
may attempt to pay "a reasonable amount set by the Office of the Medical Examiner toward the costs
of the transportation of bodies." West Virginia Code §61-12-10(a). The transportation guidelines for
the West Virginia Medical Examiner's system provides that "transportation providers will be
reimbursed at the rate of $30.00 per trip or $1.00 per loaded mile..." It appears uncontroverted that
the total distance transported was twenty-seven miles.
Pursuant to the provision cited by the above-mentioned statute and regulations of the Medical
Examiner's Office, the Court holds that the claimant is entitled to only $27.00 of the claimed amount
of $188.50. The Court must disallow the amount of $161.50.
Award of $27.00.