West Virginia Court of Claims, 1990

Tameran, Inc. v. Workers' Compensation Fund

Tameran, Inc. v. Workers' Compensation Fund
West Virginia Court of Claims · Decided May 2, 1990
18 Ct. Cl. 59

Counsel

No appearance by claimant., Lowell D. Greenwood, Assistant Attorney General, for respondent.

Tameran, Inc. v. Workers' Compensation Fund

Opinion of the Court

PER CURIAM:

In this claim, submitted for decision upon the pleadings, claimant seeks $12,087.60 for office equipment rental and maintenance.

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 $12,087.60. The respondent further alleges that sufficient funds were not available at the end of the fiscal year in question 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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