SUSAN D. BROWN, Commissioner.
On September 2, 1988, in Gallia County, Ohio, the applicant, James R. Segebart, suffered personal injury as a result of an assault by his landlord, Delbert Swisher.
On July 10, 1989, the Attorney General filed a finding of fact and recommendation wherein he recommended a denial of the claim based on a finding that no "economic loss" was incurred.
With regard to the issue of work loss the Attorney General found that there is no documentation available indicating the time the victim missed from work was due to injuries sustained as a result of the criminally injurious conduct.
However, there exists evidence in the claim file that the applicant did miss work for a period after the incident in order to move because of emotional stress directly related to the assault.
The victim's employer, Smith's GMC Trucks, has submitted a work loss exhibit showing the victim missed seven days of work. A memo from an investigator for the Attorney General reveals the victim missed work for a period after the injury because of emotional stress brought on by the September 2, 1988 incident, and the need to relocate his family's residence.
After careful review of the reparations application, the finding of fact and recommendation of the Attorney General, and the documents and evidence contained in the case file, I make the following determination.
According to the holding of In re Skala (Jan. 20, 1989), Ct. of Claims No. V88-40437sc, unreported, hotel expenses incurred because the applicant fears continuing criminal activity are allowable expenses.
In accordance with this reasoning, I find the victim, after being shot at by his landlord, moved because of the fear of continuing criminal activity. The evidence in the claim file suggests the applicant incurred work loss as a result of the move.
Therefore, this portion of the claim is referred to the Attorney General for further investigation and a new recommendation concerning the exact dates the applicant missed work and a calculation of his net weekly wage.
I agree with the Attorney General that the rent deposit and phone deposit do not constitute "economic loss" as defined in R.C. 2743.51(E).
Findings of Fact
1. The applicant was criminally assaulted by his landlord, Delbert Swisher, on September 2, 1988 in Gallia County, Ohio.
2. There exists evidence in the claim file indicating that the applicant missed work for a period after the incident in order to move because of emotional stress directly related to the assault.
3. The Attorney General did not calculate work loss.
4. The applicant incurred expenses for the rent and phone deposits.
Conclusions of Law
1. The applicant qualifies as a "claimant" as defined by R.C. 2743.51(A).
2. This claim is referred to the Attorney General for further investigation and a new recommendation concerning work loss.
3. The applicant's claim for the additional expenses is DENIED pursuant to R.C. 2743.52, since these expenses do not constitute "economic loss" as defined by R.C. 2743.51(E) to (N).
So ordered.