W. Va. Code » §14-2-14. Claims excluded.
West Virginia Code

W. Va. Code § 14-2-14 (2026)

Claims excluded

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. CLAIMS AGAINST THE STATE.

§14-2-14. Claims excluded.

The jurisdiction of the commission shall not extend to any claim:

1. For loss, damage, or destruction of property or for injury or death incurred by a member of the militia or National Guard when in the service of the state.

2. For a disability or death benefit under chapter twenty-three of this code.

3. For unemployment compensation under chapter twenty-one-a of this code.

4. For relief or public assistance under chapter nine of this code.

5. With respect to which a proceeding may be maintained against the state, by or on behalf of the claimant in the courts of the state.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1969–2022 · leading case: State ex rel. McLaughlin v. West Virginia Court of Claims, 549 S.E.2d 286 (W. Va. 2001).
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State ex rel. McLaughlin v. West Virginia Court of Claims, 549 S.E.2d 286 (W. Va. 2001). · cites it 8× “W.Va.Code § 14-2-14 (1967) (Repl.Vol.2000).”
Wrenn v. West Virginia Dep't of Transp., 686 S.E.2d 75 (W. Va. 2009). · cites it 4× “" W. Va.Code § 14-2-14(5) (1967) (Repl. Vol.”
Shaffer v. Stanley, 593 S.E.2d 629 (W. Va. 2003). · cites it 4× “[5] Under W. Va.Code § 14-2-14(5) the Legislature has withheld from the Court of Claims the power to consider "any claim .”
Mellon-Stuart Co. v. Hall, 359 S.E.2d 124 (W. Va. 1987). “Claims and demands, liquidated and unliquidated, ex contractu and ex delicto, against the State or any of its agencies, which the State as a sovereign commonwealth should in equity and good conscience discharge and pay.”
City of Morgantown v. Ducker, 168 S.E.2d 298 (W. Va. 1969). “Section 13, Article 2, Chapter 14, Code, 1931, as amended, provides: “The jurisdiction of the court, except for the claims excluded by section fourteen [§14-2-14], shall extend to the following matters: “1.”
Carlile v. Dep't of Highways, 13 Ct. Cl. 192 (W. Va. Ct. Cl. 1980). “Accordingly, it is the opinion of this Court that, in accordance with W.Va. Code §14-2-14(5), the Court lacks jurisdiction of this claim; therefore, the claim is hereby disallowed.”
Knotts v. Marra, No. 2:21-cv-00176 (S.D. W. Va. Feb. 18, 2022). · cites it 4× “W. Va. Code § 14-2-14 excludes from the Commission’s jurisdiction any claim “[w]ith respect to which a proceeding may be maintained against the state, by or on behalf of the claimant in the courts of the state.”
Monongalia Home Corp. v. Dep't of Health & Human Resources, 24 Ct. Cl. 115 (W. Va. Ct. Cl. 2002). · cites it 4× “BAKER, JUDGE: This claim came before the Court on January 18, 2002, upon respondent’s motion to dismiss for lack of subjectmatter jurisdiction under W.Va. Code § 14-2-14. The Court is of the opinion to grant respondent’s motion to dismiss for the reasons set forth below.”
Jordan v. Governor's Off. of Econ. & Cmty. Dev., 15 Ct. Cl. 219 (W. Va. Ct. Cl. 1984). “…Compensation. As this Court’s jurisdiction does not extend to Workmen’s Compensation claims, the claim was dismissed. W. Va. Code §14-2-14 . Claim dismissed.”
Allen v. Dep't of Highways, 17 Ct. Cl. 51 (W. Va. Ct. Cl. 1987). “(See also W.Va. Code 14-2-14 (2). Assuming a contractor's employees to be employees of the owner, the State in this instance, an employee would have a case of action against the owner only if the injury resulted from the deliberate intention of the employer to produce such…”
Minear v. Div. of Highways, 22 Ct. Cl. 76 (W. Va. Ct. Cl. 1998). “The Legislature receives a report of the recommendation of the Court of Claims as to whether the claim should be paid, and, in an appropriate case, the- amount which the Court of Claims has recommended for payment; and makes or refuses to make payment, and, if payment is thought…”
W. Va. Code § 14-2-14(5): 4 cases
State ex rel. McLaughlin v. West Virginia Court of Claims, 549 S.E.2d 286 (W. Va. 2001). “W.Va.Code § 14-2-14 (1967) (Repl.Vol.2000).”
Wrenn v. West Virginia Dep't of Transp., 686 S.E.2d 75 (W. Va. 2009). “" W. Va.Code § 14-2-14(5) (1967) (Repl. Vol.”
Shaffer v. Stanley, 593 S.E.2d 629 (W. Va. 2003). “[5] Under W. Va.Code § 14-2-14(5) the Legislature has withheld from the Court of Claims the power to consider "any claim .”
Carlile v. Dep't of Highways, 13 Ct. Cl. 192 (W. Va. Ct. Cl. 1980). “Accordingly, it is the opinion of this Court that, in accordance with W.Va. Code §14-2-14(5), the Court lacks jurisdiction of this claim; therefore, the claim is hereby disallowed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.