Order of Three-Commissioner Panel.
This cause came on to be heard before this panel of three commissioners on February 1, 1989, at 2:00 p.m., upon the objection filed by the applicant to the June 15, 1988 decision of the single commissioner to deny the applicant an award of reparations for failure to report the occurrence within seventy-two hours.
The applicant, Joseph A. Vasi, counsel for the applicant and the Attorney General attended the hearing and presented oral argument. Prior to argument, the parties stipulated to the fact that there was a report filed and that the original reparations application was timely filed. The only remaining issue for this panel was whether the objection and notice of appeal were timely filed.
On June 6, 1988, counsel for the applicant filed a motion for enlargement of time to respond to the Attorney General's findings of fact and recommendation after engaging a private investigation firm to locate the police report. This motion was denied in the single commissioner's June 15, 1988 order denying an award of reparations for failure to report.
Counsel for the applicant argued that he did not file an objection and notice of appeal to the June 15, 1988 order of the single commissioner until August 15, 1988 because a police report from the Elyria Police Department was not discovered by his private investigator and made available to him until August 2, 1988.
Considering the arguments of counsel and the newly submitted police report, this panel finds that the thirty-day provision of the statute should be waived and the appeal heard consistent with the holding of In re Ross (June 4, 1984), Ct. of Claims No. V83-51171jud, unreported, and pursuant to the full equity powers of R.C. 2743.03(A).
Therefore, the June 15, 1988 decision of the single commissioner should be reversed because of the newly discovered police report which the single commissioner did not have available at the time he rendered his decision. The applicant shall be granted an award of $1,110.01 for unreimbursed medical expenses.
IT IS THEREFORE ORDERED THAT:
1. The June 15, 1988 order of the single commissioner (Jr. Vol. 610, Pg. 139) is REVERSED;
2. Judgment is rendered against the state of Ohio and the Director of Budget and Management as its agency for payment of an award in the amount of $1,110.01, in a lump sum, for unreimbursed medical expenses.
3. The Clerk shall certify payment of the applicant's award in the amount of $1,110.01, pursuant to R.C. 2743.191;
4. This order is entered without prejudice to the applicant's right to file a supplemental reparations application pursuant to R.C. 2743.68;
5. Costs be assumed by the reparations fund.
So Ordered.
WILLIAM A. CARROLL, DALE A. THOMPSON and JAMES H. HEWITT III, Commissioners, concur.