In re Longworth

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[Cite as In re Longworth, 2005-Ohio-3318.] IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION IN RE: JOHN T. LONGWORTH : Case No. V2004-61101 JOHN T. LONGWORTH : ORDER OF A THREECOMMISSIONER PANEL Applicant : : : : : : {¶ 1} The applicant filed a reparations application seeking reimbursement of expenses incurred with respect to a March 22, 2004 stabbing incident. On August 23, 2004, the Attorney General granted the applicant an award in the amount of $11,876.58, of which $11,622.09 represented allowable expense and $254.49 represented work loss incurred between March 30, 2004 and April 4, 2004. On September 8, 2004, the applicant filed a request for reconsideration contending that he sustained additional work loss. On October 20, 2004, the Attorney General issued a Final Decision indicating that the previous decision warranted no modification. On November 4, 2004, the applicant filed a notice of appeal to the Attorney General s Final Decision. Hence, this matter came to be heard before this panel of three commissioners on April 20, 2005 at 10:35 A.M. {¶ 2} Applicant s counsel and an Assistant Attorney General attended the hearing and presented brief comments for the panel s consideration. The Assistant Attorney General, just prior to the hearing, filed a Work Loss Exhibit indicating that the applicant incurred additional work loss between April 5, 2004 and May 27, 2004 in the amount of $2,481.30. Applicant s Case No. V2004-61101 -1- ORDER counsel raised no objections to the Assistant Attorney General s recommendation. After a brief discussion of the claim, the panel chairman concluded the hearing. {¶ 3} From review of the file and with full and careful consideration given to all the information presented at the hearing, we find that the applicant incurred additional work loss in the amount of $2,481.30 between April 5, 2004 and May 27, 2004. Therefore, the October 20, 2004 decision of the Attorney General shall be reversed to award $2,481.30 to the applicant as unreimbursed work loss. IT IS THEREFORE ORDERED THAT {¶ 4} 1) The October 20, 2004 decision of the Attorney General is REVERSED to render judgment in favor of the applicant in the amount of $2,481.30; {¶ 5} 2) This claim is referred to the Attorney General pursuant to R.C. 2743.191 for payment of the $2,481.30 award; {¶ 6} 3) This order is entered without prejudice to the applicant s right to file a supplemental compensation application, within five years of this order, pursuant to R.C. 2743.68; {¶ 7} 4) Costs are assumed by the court of claims victims of crime fund. _______________________________________ CLARK B. WEAVER, SR. Commissioner _______________________________________ GREGORY P. BARWELL Commissioner [Cite as In re Longworth, 2005-Ohio-3318.] _______________________________________ RANDI OSTRY LEHOTY Commissioner ID #\4-dld-tad-5429 A copy of the foregoing was personally served upon the Attorney General and sent by regular mail to Jackson County Prosecuting Attorney and to: Filed 5-6-2005 Jr. Vol. 2257, Pgs. 32-34 To S.C. Reporter 6-28-2005 Case No. V2004-61101 -1- ORDER

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