[Cite as In re Dagher, 2006-Ohio-3303.]
IN THE COURT OF CLAIMS OF OHIO
VICTIMS OF CRIME DIVISION
www.cco.state.oh.us
IN RE:
JAY C. DAGHER
:
:
JAY C. DAGHER
Applicant
Case No. V2004-60903
ORDER
:
:
:
:
:
:
{¶ 1} The applicant filed a reparations application seeking
reimbursement
aggravated
of
economic
robbery
that
loss
incurred
occurred
on
as
the
October
result
5,
of
2002.
an
On
February 17, 2004, the Attorney General denied the applicant's
claim asserting that he did not incur unreimbursed work loss.
On
March 17,
2004,
reconsideration.
rendered
a
the
On
Final
applicant
July
Decision
20,
2004,
indicating
filed
the
the
a
request
Attorney
applicant
for
General
incurred
unreimbursed work loss in the amount of $974.52 from March 15,
2003 through September 16, 2003.
However, the Attorney General
denied
the
applicant's
claim
for
after
the
criminally
injurious
medical
conduct,
expenses,
since
incurred
they
were
unrelated to the injuries sustained at the time of the incident.
The Attorney General asserted that those unrelated expenses were
incurred
as
insurance.
a
result
of
the
loss
of
the
applicant’s
health
On August 23, 2004, the applicant filed a notice of
appeal to the Attorney General’s July 20, 2004 Final Decision.
On
March
Attorney
17,
2006,
General’s
the
Final
panel
of
Decision,
commissioners
granted
the
modified
the
applicant
an
Case No. V2004-60903
award
in
the
-1-
amount
of
$5,762.80
ORDER
for
unreimbursed
work
loss
incurred from March 14, 2003 through September 19, 2004, ordered
the
Attorney
General
to
file
a
supplemental
memorandum
addressing the applicant's total work loss, insurance benefits,
COBRA benefits, and medical expenses, ordered the applicant to
file
a
response
to
the
Attorney
General's
memorandum, and continued the matter.
supplemental
On April 28, 2006, the
Attorney General filed a Supplemental Memorandum and Request for
Continuance.
The
Attorney
General
recommended
that
the
applicant be granted an additional award of reparations in the
amount
of
$2,549.18
for
unreimbursed
economic
loss.
The
Attorney General also requested a continuance of the hearing
because information from Rite Aid had yet to be received by the
Attorney General’s office.
Hence, this matter came to be heard
before this panel of three commissioners on May 3, 2006 at 1:10
P.M.
{¶ 2} Neither the applicant nor anyone on his behalf appeared
at
the
hearing
hearing.
and
An
Assistant
presented
consideration.
The
Attorney
brief
Assistant
General
comments
attended
for
Attorney
the
the
panel’s
General
briefly
reiterated her recommendation that is contained in the April 28,
2006 Supplemental Memorandum and Request for Continuance.
The
Assistant Attorney General stated that she had subpoenaed all
the applicant’s payroll records from Rite Aid, however she has
yet
to
receive
Attorney
General
such
records.
stated
that
Nevertheless,
based
upon
the
the
Assistant
applicant’s
previously submitted pay stubs, new work loss calculations were
performed.
The
Assistant
Attorney
General
stated
that
the
applicant should be granted an additional award of reparations
Case No. V2004-60903
-1-
in
The
the
amount
of
$2,549.18.
ORDER
Assistant
Attorney
General
indicated that she has yet to speak to the applicant’s counsel
about the new calculations.
{¶ 3} From
consideration
review
given
of
to
the
all
file
the
and
with
information
full
and
presented
hearing, this panel makes the following determination.
careful
at
the
We find
the applicant incurred additional economic loss as a result of
the criminally injurious conduct in the amount of $2,549.18.
The applicant has not had the opportunity to review the Attorney
General’s April 28, 2006 Supplemental Memorandum, therefore this
matter will be continued to allow the applicant an opportunity
to respond to the Attorney General’s recommendation.
IT IS THEREFORE ORDERED THAT
1) The March 17, 2006 order of the panel of commissioners
(Jr. Vol. 2259 Pg. 205-208) is MODIFIED to render a judgment in
favor of the applicant in the amount of $8,311.98 ($5,762.80 +
$2,549.18);
2) This claim is referred to the Attorney General pursuant
to R.C. 2743.191 for payment of the award;
3) The Attorney General’s motion for continuance of the
hearing is hereby GRANTED;
4) The oral hearing on the applicant’s notice of appeal
from the decision of the Attorney General shall now be heard on
July 12, 2006 at 10:30 A.M. at the Court of Claims of Ohio, The
Ohio
Judicial
Center,
65
South
Front
Street,
Fourth
Floor,
Columbus, Ohio 43215, by a panel of three commissioners;
5) On or before June 5, 2006, the applicant shall file a
response to the Attorney General's supplemental memorandum;
Case No. V2004-60903
-1-
ORDER
6) The parties to this action shall be prepared to proceed
on the merits of this case on July 12, 2006;
Case No. V2004-60903
-1-
ORDER
7) The clerk shall send applicant a copy of this order and
a VC-21 (Confirmation of Attendance) postcard.
_______________________________________
LLOYD PIERRE-LOUIS
Commissioner
_______________________________________
THOMAS H. BAINBRIDGE
Commissioner
_______________________________________
TIM MC CORMACK
Commissioner
ID #I:\Victim Decisions to SC Reporter\Panel May 2006\V200460903.wpd\22-dld-tad-050306
A copy of the foregoing was personally served upon the
Attorney General and sent by regular mail to:
Filed 5-5-2006
Jr. Vol. 2260, Pgs. 95-98
To S.C. Reporter 6-28-2006
