Lane v. Workers' Compensation Fund

18 Ct. Cl. 45
CourtWest Virginia Court of Claims
DecidedMarch 26, 1990
DocketCC-90-69
StatusPublished

This text of 18 Ct. Cl. 45 (Lane v. Workers' Compensation Fund) 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.

Bluebook
Lane v. Workers' Compensation Fund, 18 Ct. Cl. 45 (W. Va. Super. Ct. 1990).

Opinion

PER CURIAM:

In this claim, submitted for decision upon the pleadings, claimant seeks $3,666.66 for medical consulting services provided respondent.

In its Answer, the respondent admits the allegations of fact set forth in the Notice of Claim and acknowledges that the claimant is entitled to $3,666.66. The respondent further alleges that sufficient funds were not available at the close of the fiscal year with which the claim could have been paid.

While we feel that this is a claim which in equity and good conscience should be paid, we are of further opinion that an award cannot be made based on our decision in Airkem Sales and Service, et. al. vs. Department of Mental Health, 8 Ct.Cl. 180 (1971.)

Claim is disallowed.

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Related

Airkem Sales & Service v. Department of Mental Health
8 Ct. Cl. 180 (West Virginia Court of Claims, 1971)

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Bluebook (online)
18 Ct. Cl. 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-workers-compensation-fund-wvctcl-1990.