OPINION ISSUED AUGUST 24, 1999
TYGART VALLEY TOTAL CARE CLINIC
DIVISION OF CORRECTIONS
Claimant represents self.
Joy M. Cavallo, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the
allegations in the Notice of Claim and the respondent's Answer.
Claimant seeks $625.00 for medical services rendered to an
inmate in Pruntytown Correctional Center, a facility of the
respondent. Respondent, in its Answer, admits the validity of the
claim, but states that there were insufficient funds in
respondent's appropriation for the fiscal year in question from
which to pay that portion of the claim.
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