OPINION ISSUED MARCH 26, 1990
JAMES W. LANE, M.D.
WORKERS' COMPENSATION FUND
No appearance by claimant.
Lowell D. Greenwood, Assistant Attorney General, for respondent.
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.