SUSAN D. BROWN, Commissioner.
Findings of Fact
On July 16, 1989, in Milwaukee County, Wisconsin, the decedent, William E. Hathman, was killed by Anthony King. The applicant, Jo-Anne Hathman Williams, is the decedent's mother and is filing the reparations application on her own behalf.
After consideration of the reparations application, the Attorney General's finding of fact and recommendation, investigative material in the claim file, and the statutory limitations imposed by R.C. 2743.51(N) and 2743.60(I), I find the applicant has met the jurisdictional requirements and qualifies for an award of reparations.
As a result of the decedent's death, the applicant incurred funeral expenses in excess of $7,000. The maximum award allowable under statute for unreimbursed funeral expenses is $2,500. Therefore, the applicant is granted $2,500 for funeral expenses. The applicant also incurred unreimbursed allowable expense in the amount of $398. This figure differs from the Attorney General's recommendation because I find the applicant's air fare expense was reasonably incurred on behalf of the decedent's medical treatment after the shooting. The applicant's argument is well taken that her presence at the hospital to consult with physicians was necessary for her son's care to proceed. I find that the applicant's lodging expense was also reasonably incurred on behalf of the decedent; however, the claim file does not contain documentation verifying the hotel cost. Likewise, the applicant's work loss incurred to travel to Wisconsin and back to Ohio should be reimbursed as allowable expense. Therefore, this claim shall be referred to the Attorney General to verify the hotel expense and wage loss incurred by the applicant.
All of the medical expense incurred as a result of the decedent's death, has been, or may be, recouped from collateral sources.
Conclusions of Law
Pursuant to R.C. 2743.51 through 2743.72 the applicant qualifies as a claimant. An award of reparations is GRANTED pursuant to R.C. 2743.66(B), within the limitations imposed by R.C. 2743.60(I), in the amount of $2,898, of which $2,500 represents "funeral expense" as defined in R.C. 2743.51(N) and $398 represents "allowable expense" as defined in R.C. 2743.51(F).
However, the applicant's claim for reimbursement of medical expense is denied pursuant to R.C. 2743.60(D) since this loss has been, or may be, reimbursed by collateral sources.
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 $2,898.
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. 2743.60(D) and 2743.68 if the applicant submits timely application to a collateral source for payment but does not receive reimbursement from that source.
4. This claim is not yet ready for final determination.
5. This claim is referred to the Attorney General for further investigation and a new recommendation concerning lost wages and hotel expense.
6. The new finding of fact and recommendation of the Attorney General shall be filed with the court by August 13, 1990.
7. The applicant may respond to the new finding of fact and recommendation within twenty-one days after it is filed by the Attorney General.
8. Costs are to be assumed by the reparations fund.
So ordered.