OPINION AND ORDER OF THREE-COMMISSIONER PANEL.
On July 7, 1987, the single commissioner issued an opinion and order which granted applicant Carl E. McKinley an award for work loss in the amount of $8,597.68, and denied applicant Willie R. Wherry's claim for unpaid support. The single commissioner denied applicant Wherry's claim based upon the finding that "missed support payments do not fall within the definition of `economic loss' in R.C. 2743.51(E)."
On August 5, 1987, applicant Wherry timely filed an objection and notice of appeal from the July 7, 1987 determination. The applicant's objection was heard before this panel on November 19, 1987. Neither applicant McKinley nor anyone on his behalf appeared at the hearing; however, applicant Wherry's counsel and the Attorney General appeared and presented oral argument.
Applicant Wherry contends that the decision of the single commissioner not to make direct payment of back child support to Willie Ruth Wherry is incorrect. This is due to the fact that the delinquency was a direct result of the criminally injurious conduct.
In response, the Attorney General contends that applicant Wherry fails to qualify as a "victim" or "claimant" within the meaning of R.C. 2743.51. In addition, he argues that the award granted to applicant McKinley was improper due to newly discovered evidence of a potential collateral source.
Upon review of the record and in consideration of the arguments offered at the hearing, it is the opinion of this panel that applicant Willie R. Wherry's claim was properly denied by the single commissioner. We also find that applicant Carl E. McKinley's claim must be referred to the Attorney General for additional investigation.
In order to receive an award of reparations, an applicant must qualify himself/herself as a "claimant" as defined in R.C. 2743.51(A). R.C. 2743.51(A) states the following:
"(A) `Claimant' means both of the following categories of persons:
"(1) Any of the following persons who claim an award of reparations under sections 2743.51 to 2743.71 of the Revised Code:
"(a) A victim who was one of the following at the time of the criminally injurious conduct:
"(i) A resident of the United States;
"(ii) A resident of a foreign country the laws of which permit residents of this state to recover compensation as victims of offenses committed in that country;
"(b) A dependent of a deceased victim who is described in division (A)(1)(a) of this section;
"(c) A third person, other than a collateral source, who legally assumes or voluntarily pays the obligations of a victim, or of a dependent of a victim, who is described in division (A)(1)(a) of this section, which obligations are incurred as a result of the criminally injurious conduct that is the subject of the claim and may include, but are not limited to, medical or burial expenses;
"(d) A person who is authorized to act on behalf of any person who is described in division (A)(1)(a), (b), or (c) of this section.
"(2) Any of the following persons who claim an award of reparations under sections 2743.51 to 2743.72 of the Revised Code:
"(a) 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;
"(b) A dependent of a deceased victim who is described in division (A)(2)(a) of this section;
"(c) A third person, other than a collateral source, who legally assumes or voluntarily pays the obligations of a victim, or of a dependent of a victim, who is described in division (A)(2)(a) of this section, which obligations are incurred as a result of the criminally injurious conduct that is the subject of the claim and may include, but are not limited to, medical or burial expenses;
"(d) A person who is authorized to act on behalf of any person who is described in division (A)(2)(a), (b), or (c) of this section."
To qualify under subsection (1)(a), applicant Wherry must be a "victim," as defined in R.C. 2743.51(L). We cannot find any basis for such a conclusion. She is not a "dependent of a deceased victim," thus, she cannot qualify under subsection (1)(b). She cannot maintain that she incurred expenses for the victim or his dependents pursuant to subsection (1)(c). She has not been authorized to act on behalf of any proper claimant within the meaning of subsection (1)(d). Finally, she cannot qualify under subsection (2) for the reasons set out above regarding subsection (1). Therefore, we find that applicant Wherry lacks standing to request an award of reparations under the Victims of Crime Reparations Act.
Additionally, we find applicant Wherry's claim was filed and appealed in a frivolous manner. Hence, pursuant to R.C. 2743.65(A), the attorney fee petition should be evaluated accordingly.
At the hearing, the Attorney General made an oral motion to introduce additional evidence into the record. The Attorney General's motion shall be granted forthwith. The document proffered, i.e., a letter from the Public Employees Retirement System of Ohio, raises the issue of a possible collateral source recovery pertaining to applicant McKinley's work loss award. Thus, this claim must be referred to the Attorney General for additional investigation and a new recommendation concerning the submitted evidence.
Therefore, the decision of the single commissioner shall be set aside. Accordingly, we make the following findings of fact and conclusions of law:
Findings of Fact
1. Applicant Carl E. McKinley may have incurred unreimbursed work loss as a result of the criminally injurious conduct; however, the exact amount is undeterminable at the present time.
2. Applicant Willie R. Wherry has not demonstrated that she is entitled to an award of reparations.
Conclusions of Law
1. Pursuant to R.C. 2743.51 through R.C. 2743.72, applicant Carl E. McKinley qualifies as a claimant.
2. In view that applicant McKinley's award may be reduced due to a collateral source recovery, his claim shall be referred to the Attorney General for a redetermination of "work loss," as defined in R.C. 2743.51(G).
3. Pursuant to R.C. 2743.51 through R.C. 2743.72, applicant Willie R. Wherry does not qualify as a "claimant" as defined in R.C. 2743.51(A).
So ordered.
DALE A. THOMPSON, LYNN W. LEARY and PHILLIP E. PARISI, Commissioners, concur.