Board of Trustees of Cabell County General Hospital v. Department of Health

15 Ct. Cl. 69

• Court: West Virginia Court of Claims
• Decided: January 17, 1984
• Docket: CC-83-285
• Status: Published

Opinion

PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and respondent’s Answer.

Claimant seeks $22,991.31 for medical care and treatment rendered to a patient of Huntington State Hospital. Respondent, in its Answer, admits the validity of the claim, but further states that there were insufficient funds remaining in its appropriation for the fiscal year in question from which the claim could have been paid.

While the Court believes that this is a claim which, in equity and good conscience should be paid, the Court is further of the opinion that an award cannot be made, based upon the decision in Airkem Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.