In re Deal, (Ohio 2003)
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Summary
Judgment entry concerning R.C. 2743.52. Failure to prove economic loss. Judgment rendered in favor of the state.
Summary
Judgment entry concerning R.C. 2743.52. Failure to prove economic loss. Judgment rendered in favor of the state.
Text
[Cite as In re Deal, 2003-Ohio-4547.]
IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION
IN RE: MARIO A. DEAL :
Case No. V2003-40160 MARIO A. DEAL :
ORDER OF A THREE-
COMMISSIONER PANEL Applicant :
: : : : :
On January 8, 2003, the Attorney General issued a Finding of Fact and Decision denying the applicant's claim for allowable expense pursuant to R.C. 2743.60(D) contending that all the applicant's allowable expense had been or may be recouped from a collateral source. On February 6, 2003, the Attorney General issued a Final Decision indicating that no modification of the previous decision was warranted since the applicant is only requesting reimbursement for pain and suffering. On March 3, 2003, the applicant appealed the Attorney General's Final Decision. On April 17, 2003, the Assistant Attorney General filed a Brief recommending the Final Decision be affirmed since the only bill the applicant submitted was from Mount Carmel West Hospital and that expense has been paid in full. Hence, this appeal came to be heard before this panel of three commissioners on May 21, 2003 at 11:15 A.M.
Neither the applicant nor anyone on his behalf appeared at the hearing. An Assistant Attorney General attended the hearing and stated that she rests on her Brief. The panel chairman concluded the hearing.
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Case No. V2003-40160 -1-
ORDER
From review of the file and with full consideration given to all the information presented at the hearing, this panel finds the February 6, 2003 decision of the Attorney General shall be affirmed.
IT IS THEREFORE ORDERED THAT
1) The February 6, 2003 decision of the Attorney General is AFFIRMED;
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 pursuant to R.C. 2743.68;
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
Filed 7-17-2003 Jr. Vol. 2250, Pgs. 131-132 To S.C. Reporter 8-26-
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