IN RE FIELDS

Opinion of Three-Commissioner Panel.

This cause came on to be heard before this panel of three commissioners on September 14, 1989 at 9:00 a.m. upon the objection and notice of appeal filed by the applicant, Donna C. Fields, to the March 30, 1989 order of the single commissioner.

Counsel for the applicant and the Attorney General attended the hearing and presented oral argument for the panel's consideration. The single commissioner had granted an award of reparations in the amount of $585.27 for unreimbursed allowable expenses that was paid to the applicant on April 27, 1989 by Warrant No. 4432845 and denied the applicant moving expenses in the amount of $74.95 for failure to prove by a preponderance of the evidence that the expense was reasonably necessary.

On August 24, 1989, counsel for the applicant and the Attorney General filed a joint motion for payment of an additional award in the amount of $74.95 for moving expenses based on recent single-commissioner decisions that found temporary hotel accommodations to be a reasonable and allowable expense in cases of domestic violence and rape for the prevention of a further occurrence. This panel reserved ruling on the motion to pay an additional award until after oral argument was presented at the hearing on the objection to the single commissioner's order.

Counsel for the applicant argued that the move was necessary to separate the victim from the offender's home, where the incident had occurred and also where the offender was to return upon his release from jail later the same day. The Attorney General stated that they have reversed their original recommendation of a denial because the reviewed moving expenses of $74.95 were reasonable and necessary in this situation; however, they request that the panel issue a narrow ruling that deals with the separation of the victim and offender for the victim's protection and rehabilitation.

There was a general discussion between the panel members and both counsel that addressed the issue of the panel being requested to reverse a previous decision of the single commissioner, as to a denial of moving expenses, without any new evidence being presented or provided, especially since the single commissioner's decision originally concurred with the Attorney General's finding of fact and recommendation for denial of the moving expenses. At this point, counsel for the applicant requested leave to file an affidavit from the victim's mother as to the need to separate the victim and offender prior to the offender's return to the home.

R.C. 2743.51(F) states, in pertinent part, that "`[a]llowable expense' means reasonable charges incurred for reasonably needed products, services, and accommodations, including those for medical care, rehabilitation, and rehabilitative occupational training, and other remedial treatment and care."

Upon review of the file and the oral presentation of counsel at the hearing, this panel finds that both the joint motion to pay an additional award and the motion for leave to file a further affidavit are denied. However, upon review of R.C. 2743.51(F) and considering the close proximity in time between the criminally injurious conduct and the move from the premises, we find that, in the instant claim, the moving costs necessary for separation were reasonable and necessary for the physical and mental well-being and rehabilitation of the child. The need to separate the victim and offender was required under these specific facts and circumstances to allow the victim time, without added emotional trauma or fear of recurrence, to recover from the criminally injurious conduct. In re Heery (1988), 44 Ohio Misc.2d 32, 541 N.E.2d 1097.

Therefore, the single commissioner's March 30, 1989 order shall be REVERSED as to the denial of compensation for the reasonable and necessary costs to separate the victim and offender and an additional award of reparation is granted to the applicant in the amount of $74.95.

For the reasons stated in the opinion issued concurrently herewith, IT IS ORDERED THAT:

1. The March 30, 1989 order of the single commissioner (Jr. Vol. 681, Pg. 144) is AFFIRMED in part and REVERSED in part;

2. The single commissioner's $585.27 award of reparations for unreimbursed allowable expense is AFFIRMED and has been paid to the applicant by Warrant Number 443285 on April 27, 1989;

3. The denial by the single commissioner of the moving expense in the amount of $74.95 is REVERSED;

4. The applicant is granted an award of reparations in the amount of $74.95 for allowable moving expenses;

5. The Clerk shall certify payment of the applicant's award in the amount of $74.95 pursuant to R.C. 2743.191;

6. Costs be assumed by the reparations fund.

So ordered.

WILLIAM A. CARROLL, JAMES H. HEWITT III and STEVEN A. LARSON, Commissioners, concur.