In re Flynn

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[Cite as In re Flynn, 2004-Ohio-1885.] IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION IN RE: ANGELA D. FLYNN : Case No. V2002-51991 ANGELA D. FLYNN : ORDER OF A THREECOMMISSIONER PANEL Applicant : : : : : : {¶1} The applicant filed a reparations application seeking reimbursement of expenses incurred with respect to a June 2, 2002 assault. On October 28, 2002, the Attorney General granted the applicant an award in the amount of $3.69 for unreimbursed mileage expense. However, the Attorney General denied certain expenses pursuant to R.C. 2743.60(D) claiming that most of the applicant s economic loss had been or may be recouped from a collateral source, specifically Bureau of Workers Compensation. On November 4, 2002, the applicant filed a request for reconsideration. On December 17, 2002, the Attorney General denied the applicant s claim pursuant to R.C. 2743.60(D). On December 19, 2002, the applicant filed an appeal of the Attorney General s Final Decision. Hence, this matter came to be heard before this panel of three commissioners on January 28, 2004 at 11:20 A.M. {¶2} Applicant s attorney and an Assistant Attorney General attended the hearing and presented brief comments for this panel s consideration. Applicant s counsel stated that the applicant s economic loss issue has been resolved and that the applicant has been approved for Bureau of Workers Compensation benefits. The Assistant Attorney General agreed with Case No. V2002-51991 -1- ORDER counsel and stated that the applicant may file a supplemental compensation application if she incurs additional economic loss. {¶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 December 17, 2002 decision of the Attorney General shall be affirmed without prejudice. {¶4} IT IS THEREFORE ORDERED THAT {¶5} 1) The December 17, 2002 decision of the Attorney General is AFFIRMED; {¶6} 2) This claim is DENIED and judgment is rendered in favor of the state of Ohio; {¶7} 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; {¶8} 4) Costs are assumed by the court of claims victims of crime fund. _______________________________________ JAMES H. HEWITT III Commissioner _______________________________________ LEO P. MORLEY Commissioner _______________________________________ KARL H. SCHNEIDER Commissioner ID #\11-dld-tad-020904 A copy of the foregoing was personally served upon the Attorney General and sent by regular mail to Montgomery County Prosecuting Attorney and to: [Cite as In re Flynn, 2004-Ohio-1885.] Filed 3-24-2004 Jr. Vol. 2253, Pgs. 35-36 To S.C. Reporter 4-14-2004 Case No. V2002-51991 -1- ORDER

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