SUSAN D. BROWN, Commissioner.
Findings of Fact
On January 28, 1990, in Franklin County, Ohio, Kara E. Evans suffered personal injury as the result of being sexually assaulted. The applicant, Karen E. Evans, is the injured party's mother.
After consideration of the reparations application, the Attorney General's finding of fact and recommendation, and the investigative material in the claim file, I find the applicant has met the jurisdictional requirements necessary for an award of reparations.
The applicant incurred unreimbursed allowable expense in the amount of $1,505.70. This figure differs from the Attorney General's recommendation because I find the unreimbursed expense incurred for counseling services rendered to applicant Karen E. Evans and the injured party's siblings, Kyle and Kevin, were necessary and reasonable for the care and treatment of the injured party and will be allowed. In addition, the allowable expense exhibit lists twenty therapy sessions; therefore, I find the applicant made twenty trips for the family's counseling.
The reparations application states the applicant also incurred work loss as a result of the criminally injurious conduct; however, the file does not contain sufficient evidence to verify the loss. Should the applicant obtain documentation to substantiate the loss, this would be the proper subject matter for a supplemental claim.
Further, the applicant alleges she has incurred expense for legal services to protect the injured party from the offender through supervised visitation. The attorney representing the applicant has indicated he will submit an itemized statement of his fees at the completion of the case. Consequently, all costs incurred by the applicant for the aforementioned legal services should be submitted in a supplemental reparations application.
The file contains an assignment executed by the applicant on May 15, 1990, whereby the applicant's right to receive reimbursement for certain unreimbursed allowable expense was assigned to the provider, David Lowenstein, Ph.D. However, I find the assignment does not meet the requirements of R.C. 2743.66(E)(2) because the amount of unreimbursed allowable expense subject to assignment does not exceed $1,000. Therefore, I find the assignment is invalid and shall not be enforced.
Conclusions of Law
Pursuant to R.C. 2743.51 through 2743.72, I find the applicant qualifies as a claimant and is GRANTED an award of reparations in the amount of $1,505.70, all of which represents "unreimbursed allowable expense," as defined in R.C. 2743.51(F).
The May 15, 1990 assignment is invalid and unenforceable pursuant to R.C. 2743.66(E).
Order
1. Judgment is rendered against the state of Ohio and the Director of Budget and Management as its agency for payment of the award in the amount of $1,505.70.
2. The warrant issued in payment of this judgment to the applicant shall be sent by the Director of Budget and Management to the applicant at the address certified to the Director by the Clerk of this court.
3. This order is entered without prejudice to the applicant's right to file a supplemental reparations application pursuant to R.C. 2743.68 if the applicant incurs economic loss not considered in this determination and not reimbursed from other persons, including collateral sources.
4. This order is entered without prejudice to the applicant's right to file a supplemental reparations application pursuant to R.C. 2743.60(D) and 2743.68 if the applicant submits timely application to a collateral source for payment but does not receive reimbursement from that source.
5. This award is expressly conditioned upon the subrogation provisions of R.C. 2743.72, which require any benefits or advantages received from any collateral source, including the offender, be repaid to the state of Ohio.
6. The purported assignment submitted by David Lowenstein, Ph.D. is invalid and shall not be enforced.
7. The clerk shall send a copy of this opinion and order to Lowenstein Lowenstein, 691 South Fifth Street, Columbus, Ohio 43206.
8. Costs are to be assumed by the reparations fund.
So ordered.