Department of Employment Security v. Board of Regents

West Virginia Court of Claims

Department of Employment Security v. Board of Regents

15 Ct. Cl. 260

CourtWest Virginia Court of Claims

DecidedFebruary 15, 1985

DocketCC-84-313

StatusPublished

This text of 15 Ct. Cl. 260 (Department of Employment Security v. Board of Regents) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Department of Employment Security v. Board of Regents, 15 Ct. Cl. 260 (W. Va. Super. Ct. 1985).

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Opinion

PER CURIAM:

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

Claimant seeks an award of $446.88 for unemployment compensation tax owed by respondent. Of this sum, $436.53 is the amount of the tax, and $10.35 is accumulated statutory interest. At the hearing of the claim, it was revealed that the amount owed by respondent was not certified by the respondent to the State Auditor for payment. It was further established that the claim cannot now be paid, directly by the respondent, due to the close of the fiscal year in question.

It is the opinion of the Court that the respondent owes the claimant for unemployment compensation tax. See Dept. of Employment Security vs. Dept. of Corrections, 14 Ct.Cl. 387 (1983). An award of interest cannot be made, based upon W. Va. Code §14-2-12. An award is therefore made in the amount of $436.53.

Award of $436.53.

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