
    
      OPINION ISSUED JANUARY 17, 2001
    
    CORRECTIONAL MEDICAL SERVICES, INC. VS. DIVISION OF CORRECTIONS
    (CC-00-474)
    Claimant appeared pro se.
    
    Joy M. Bolling, Assistant Attorney General, for respondent.
   PER CURIAM:

This c laim w as s ubmitted f or de cisión b ased u pon t he a negations in t he 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 (1971).

Claim disallowed.  