In re Ben
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[Cite as In re Ben, 2005-Ohio-6052.] IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION www.cco.state.oh.us IN RE: CHRISTAZISA A. BEN : Case No. V2005-80444 REGINA FOBBS : ORDER OF A THREECOMMISSIONER PANEL Applicant : : : : : : {¶ 1} The applicant filed a reparations application seeking reimbursement of expenses incurred regarding a June 2003 through June 2004 sexual assault incident against her minor daughter, Christazisa Ben. On March 10, 2005, the Attorney General granted the applicant an award of reparations in the amount of $973.26 of which $46.00 represented evidence replacement loss and $927.26 represented wage loss incurred from June 5, 2004 through September 2, 2004. On March 15, 2005, the applicant filed a request for reconsideration asserting that she also incurred wage loss from September 4, 2004 through January 18, 2005. On May 6, 2005, the Attorney General issued a Final Decision indicating that the previous decision warranted no modification. On June 13, 2005, the applicant filed a notice of appeal to the Attorney General s Final Decision seeking additional wage loss. Hence, this panel of three commissioners heard the matter on August 24, 2005 at 11:50 A.M. {¶ 2} Neither the applicant nor anyone on her behalf appeared at the hearing. An Assistant Attorney General attended the hearing and presented brief comments for the panel s consideration. The Assistant Attorney General stated that the applicant was voluntarily laid off Case No. V2005-80444 -1- ORDER work from September 4, 2004 through January 18, 2005. The Assistant Attorney General stated that the victim s counselor indicated that it was not medically necessary for the applicant to have remained home with the victim during the time period in question. {¶ 3} From review of the file, we find that the May 6, 2005 decision of the Attorney General shall be affirmed without prejudice. Should the applicant obtain evidence of additional wage loss that would be an appropriate basis for filing a supplemental compensation application. IT IS THEREFORE ORDERED THAT 1) The May 6, 2005 decision of the Attorney General is AFFIRMED without prejudice; 2) This claim is DENIED and judgment is rendered for the state of Ohio; 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; 4) Costs are assumed by the court of claims victims of crime fund. _______________________________________ JAMES H. HEWITT III Commissioner _______________________________________ GREGORY P. BARWELL Commissioner _______________________________________ TIM MC CORMACK Commissioner ID #\5-dld-tad-083005 A copy of the foregoing was personally served upon the Attorney General and sent by regular mail to Lucas County Prosecuting Attorney and to: [Cite as In re Ben, 2005-Ohio-6052.] Case No. V2005-80444 Filed 10-14-2005 Jr. Vol. 2258, Pgs. 160-161 To S.C. Reporter 11-10-2005 -1- ORDER
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