In re Cox
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[Cite as In re Cox, 2005-Ohio-4237.] IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION www.cco.state.oh.us IN RE: CORTNEY L. COX : Case No. V2005-80266 PENNY A. COX : ORDER OF A THREECOMMISSIONER PANEL COLLIN COX : Applicants : : : : : : {¶ 1} The applicants filed a reparations application seeking reimbursement of expenses incurred when their minor daughter, Cortney Cox, witnessed the assault against her boyfriend, Sean Bowsher on May 11, 2004. General granted the On November 22, 2004, the Attorney applicants an award in the amount of $187.89, of which $118.64 represented crime scene clean-up and $69.25 represented work loss incurred by Cortney Cox between May 12, 2004 - May 15, 2004. However, the Attorney General denied the applicants claim for reimbursement of counseling expenses pursuant to R.C. 2743.60(D) since the applicants had insurance coverage with Anthem and Setex. On December applicants filed a request for reconsideration. 29, 2004, the On February 22, 2005, the Attorney General determined that the previous decision Case No. V2005-80266 -1- warranted no modification. ORDER On April 15, 2005, Penny Cox filed a notice of appeal to the Attorney General s February 22, 2005 Final Decision. On June 23, 2005, the Attorney General filed a Brief recommending that the applicants be granted an additional award in the amount of $2,006.05 for unreimbursed counseling expenses. Hence, this matter came to be heard before this panel of three commissioners on July 13, 2005 at 10:25 A.M. {¶ 2} The pro se applicant, Penny A. Cox, via telephone, and an Assistant Attorney General attended the hearing and presented brief comments for this panel s consideration. Attorney General recalculation recommends, applicant of as be stated the that after applicants noted in her June granted an further investigation economic 23, additional award objection to the Attorney General s panel chairman concluded the hearing. and with evidence full and presented she now Brief, that the the amount of in Penny Cox raised recommendation. The From review of the file careful consideration at hearing, the and loss, 2005 $2,006.05 for unreimbursed allowable expense. no The Assistant given this to panel all the makes the following determination. We find that the applicants incurred an $2,006.05 in unreimbursed February 22, 2005 additional Therefore, the allowable decision of the expense. Attorney Case No. V2005-80266 -1- ORDER General shall be reversed and the claim shall be remanded to the Attorney General for payment of the $2,006.05 award for unreimbursed allowable expense. IT IS THEREFORE ORDERED THAT {¶ 3} 1) The July 8, 2005 motion for telephone testimony is hereby GRANTED; {¶ 4} 2) The February 22, 2005 decision of the Attorney General is REVERSED and judgment is rendered for the applicants in the amount of $2,006.05; {¶ 5} 3) This claim is referred to the Attorney General for payment of the award; {¶ 6} 4) This applicants order right to is entered file a without prejudice supplemental to the compensation application, within five years of this order, pursuant to R.C. 2743.68; {¶ 7} 5) Costs are assumed by the court of claims victims of crime fund. _______________________________________ CLARK B. WEAVER, SR. Commissioner _______________________________________ THOMAS H. BAINBRIDGE [Cite as In re Cox, 2005-Ohio-4237.] Commissioner _______________________________________ TIM MC CORMACK Commissioner ID #\10-dld-tad-071305 A copy of the foregoing was personally served upon the Attorney General and sent by regular mail to Auglaize County Prosecuting Attorney and to: Filed 7-29-2005 Jr. Vol. 2257, Pgs. 186-188 To S.C. Reporter 8-12-2005 Case No. V2005-80266 -1- ORDER
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