WVC 21 A- 10 - 8
§21A-10-8. Recovery of benefits paid on misrepresentation;
A person who, by reason of nondisclosure or misrepresentation,
either by himself or another (irrespective of whether such
nondisclosure or misrepresentation was known or fraudulent), 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 payments against employers as set forth in section sixteen of
article five of this chapter, which specifically includes the
institution of civil action and collection procedures thereon
enumerated in said section: Provided,
That such collection or
deduction of benefits shall be barred after the expiration of five
years, except for known or fraudulent nondisclosure or
misrepresentation which shall be barred after the expiration of ten
years, from the date of the filing of the claim in connection with
which such nondisclosure or misrepresentation occurred.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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