OPINION ISSUED FEBRUARY 3, 1989
OTIS ELEVATOR COMPANY
DEPARTMENT OF HEALTH
No appearance by claimant.
Janet F. Steele, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the allegations
Notice of Claim and
the respondent's Answer.
Claimant seeks $971.84 for elevator repairs performed for Weston
Hospital, a facility of
the respondent. The respondent admits the validity and amount of
claim and states that there
were sufficient funds in respondent's budget for the appropriate
with which the claim could
have been paid; however, the respondent was unable to make payment
the State Auditor
returned the transmittal to the respondent with the explanation
Treasury of the State of
West Virginia lacked sufficient funds to process the transmittal.
The Court has reviewed the petition and Answer and finds that the
agency had sufficient
funds within its appropriated budget to pay the claim, and, for
reason, the claimant is entitled
to an award from the respondent.
In view of the foregoing, the Court makes an award in the amount
Award of $971.84.