SUSAN D. BROWN, Commissioner.
Glen P. Allen, the applicant, filed a reparations application on July 6, 1988 to recover the expenses he incurred as a result of the death of his son, Robert H. Allen.
On October 18, 1988, the court referred the claim to the Attorney General for further investigation concerning the decedent's residence at the time of his death.
The Attorney General filed an amended finding of fact and recommendation on December 19, 1988. The Attorney General's investigation reveals that the decedent was a resident of Tennessee on the date of the criminally injurious conduct. Contending that Robert H. Allen does not qualify as a victim under the Ohio Victims of Crime Compensation Act, the Attorney General recommends a denial of the applicant's claim.
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.
I concur with the Attorney General's recommendation that the applicant's claim be denied because the applicant does not qualify for an award of reparations under the Ohio Victims of Crime Compensation Act.
For criminally injurious conduct occurring outside the state of Ohio, a third person may qualify as a "claimant," pursuant to R.C. 2743.51(A)(2)(c), if that person legally assumes or voluntarily pays the obligations of a "victim" who is described in R.C. 2743.51(A)(2)(a).
R.C. 2743.51(A)(2)(a) provides the following description:
"A victim who had a permanent place of residence within this state at the time of the criminally injurious conduct and who, at the time of the criminally injurious conduct, complied with any one of the following:
"(i) Had a permanent place of employment in this state;
"(ii) Was a member of the regular armed forces of the United States or of the United States coast guard or was a full-time member of the Ohio organized militia or of the United States army reserve, naval reserve, or air force reserve;
"(iii) Was retired and receiving social security or any other retirement income;
"(iv) Was sixty years of age or older;
"(v) Was temporarily in another state for the purpose of receiving medical treatment;
"(vi) Was temporarily in another state for the purpose of performing employment-related duties required by an employer located within this state as an express condition of employment or employee benefits;
"(vii) Was temporarily in another state for the purpose of receiving occupational, vocational, or other job-related training or instruction required by an employer located within this state as an express condition of employment or employee benefits;
"(viii) Was a full-time student at an academic institution, college, or university located in another state;
"(ix) Had not departed the geographical boundaries of this state for a period exceeding thirty days or with the intention of becoming a citizen of another state or establishing a permanent place of residence in another state[.]"
Robert H. Allen, the object of the criminally injurious conduct, was not a resident of the state of Ohio at the time of the incident. He, therefore, does not qualify as a "victim" who is described in R.C. 2743.51(A)(2)(a). Consequently, the applicant, a third person to the incident, does not qualify as a "claimant" under the Ohio Victims of Crime Compensation Act.
Findings of Fact
1. Robert H. Allen was a resident of the state of Tennessee at the time of the criminally injurious conduct which occurred in Tennessee.
Conclusions of Law
1. Robert H. Allen does not qualify as a "victim" as described in R.C. 2743.51(A)(2)(a).
2. Glen P. Allen does not qualify as a "claimant" as defined in R.C. 2743.51(A)(2)(c).
The application for reparations will be denied and an order in conformity with this opinion will be entered.
Order
1. The claim is denied and judgment is entered for the state of Ohio.
2. Costs are assumed by the reparations fund.
So Ordered.