Nuclear Medicine Services, Inc. v. Department of Health

West Virginia Court of Claims

Nuclear Medicine Services, Inc. v. Department of Health

15 Ct. Cl. 94

CourtWest Virginia Court of Claims

DecidedJanuary 30, 1984

DocketCC-84-5

StatusPublished

This text of 15 Ct. Cl. 94 (Nuclear Medicine Services, Inc. v. Department of Health) 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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Nuclear Medicine Services, Inc. v. Department of Health, 15 Ct. Cl. 94 (W. Va. Super. Ct. 1984).

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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 payment of the sum of $152.70 for unpaid medical bills incurred by a patient of Weston State Hospital. Respondent, in its Answer, admits the validity of the claim, but states that there were insufficient funds remaining in its appropriation for the fiscal year in question from which the claim could be paid.

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

Claim disallowed.

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