In re Hardnett
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[Cite as In re Hardnett, 2005-Ohio-7133.]
IN THE COURT OF CLAIMS OF OHIO
VICTIMS OF CRIME DIVISION
www.cco.state.oh.us
IN RE: MARY E. HARDNETT
:
Case No. V2005-80550
MARY E. HARDNETT
:
ORDER OF A THREECOMMISSIONER PANEL
Applicant
:
: : : :
:
{¶ 1} The applicant filed a reparations application seeking reimbursement of expenses
incurred with respect to an August 11, 2004 assault incident, whereby she was intentionally
struck with a motor vehicle. On January 18, 2005, the Attorney General denied the claim
pursuant to R.C. 2743.60(D) contending that all the applicant's economic loss had been or may
be recouped from a collateral source, namely Medicaid. On May 24, 2005, the applicant filed a
request for reconsideration. On June 3, 2005, the Attorney General issued a Final Decision
indicating that the previous decision warranted no modification. On July 19, 2005,the applicant
filed a notice of appeal to the Attorney General's June 3, 2005 Final Decision. Hence, this matter
was heard by this panel of three commissioners on October 19, 2005 at 11:25 A.M.
{¶ 2} Neither the applicant nor anyone on her behalf appeared at the hearing.
An
Assistant Attorney General attended the hearing and stated that the applicant's attorney left a
voice mail message with her office on October 18, 2005 indicating that she wished the appeal be
dismissed, since the applicant has been reimbursed all economic loss.
{¶ 3} From review of the file and with careful consideration given to all the information
presented at the hearing, we find that the June 3, 2005 decision of the Attorney General shall be
Case No. V2005-80550
affirmed, without prejudice.
-1-
ORDER
Should the applicant obtain evidence that she incurred
unreimbursed economic loss that would be an appropriate basis for filing a supplemental
compensation application.
IT IS THEREFORE ORDERED THAT
1) The applicant's October 19, 2005 motion to dismiss is hereby DENIED;
2) The June 3, 2005 decision of the Attorney General is AFFIRMED without
prejudice;
3) This claim is DENIED and judgment is rendered for the state of Ohio;
4) 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;
5) Costs are assumed by the court of claims victims of crime fund.
_______________________________________
JAMES H. HEWITT III
Commissioner
_______________________________________
GREGORY P. BARWELL
Commissioner
_______________________________________
RANDI OSTRY LE HOTY
Commissioner
ID #\1-dld-tad-102005
A copy of the foregoing was personally served upon the Attorney General and sent by
regular mail to Cuyahoga County Prosecuting Attorney and to:
Filed 12-16-2005
Jr. Vol. 2259, Pgs. 45-46
To S.C. Reporter 1-20-2006
Case No. V2005-80550
-1-
ORDER
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