OPINION ISSUED JANUARY 17, 2001
CORRECTIONAL MEDICAL SERVICES, INC.
DIVISION OF CORRECTIONS
Claimant appeared pro se.
Joy M. Bolling, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the
allegations in the Notice of Claim and respondent's Answer.
Claimant seeks payment in the amount of $577,363.04 for
medical services rendered to inmates in the custody of respondent
at Huttonsville Correctional Center, Pruntytown Correctional
Center, Denmar Correctional Center, and Mount Olive Correctional
Center, all facilities of the respondent. Respondent, in its
Answer, admits the validity of the claim, but states that the
correct amount owed to claimant is $543,957.81. The respondent
further states that the portion of the claim denied is for interest
in the amount of $33,405.23, and there were insufficient funds in
its appropriation for the fiscal year in question from which to pay
the claim. Claimant, having reviewed the Answer of the respondent,
agrees that it will accept the amount of $543,957.81 as full and
complete satisfaction of its claim.
This Court would have denied the request for interest based
upon the provisions in W.Va. Code §14-2-12 which states in part
that "[In determining the amount of a claim, interest shall not be
allowed unless the claim is based upon a contract which
specifically provides for the payment of interest." There is no
provision for interest in the claim herein.
While the Court believes that this is a claim which in equity
and good conscience should be paid, the Court further believes that
an award cannot be recommended based upon the decision in Airkem
Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct. Cl. 180