Opinion
No. V89-74939.
Decided August 30, 1991.
John William Ergazos and Jeffrey David Haupt, for the applicant.
Lee Fisher, Attorney General, for the state.
This matter came on to be considered upon applicant Bessie Racey's appeal from the April 24, 1991 order issued by the panel of commissioners. The panel's determination affirmed the decision of the single commissioner, denying applicant's claim for an award of reparations.
R.C. 2743.52 places the burden of proof on an applicant to satisfy the Court of Claims commissioners that the requirements for an award have been met by a preponderance of the evidence. In re Rios (1983), 8 Ohio Misc.2d 4, 8 OBR 63, 455 N.E.2d 1374. The panel found, upon review of the evidence, that the applicant failed to present sufficient evidence to meet her burden.
In reviewing claims appealed to the court, the court is guided by R.C. 2743.61, which provides, in pertinent part, as follows:
"If upon hearing and consideration of the record and evidence, the court decides that the decision of the commissioners appealed from is reasonable and lawful, it shall affirm the same, but if the court decides that the decision of the commissioners is unreasonable or unlawful, the court shall reverse and vacate the decision or modify it and enter judgment thereon."
Upon review of the file in this matter, the court finds that the applicant has not shown by a preponderance of the evidence that she is entitled to an award of reparations. There is little doubt that a person who loses a family member to criminally injurious conduct is a "victim"; however, that loss, in and of itself, does not qualify an applicant for compensation through the Ohio Victims of Crime Program. See R.C. 2743.51(L); In re Fife (1989), 59 Ohio Misc.2d 1, 569 N.E.2d 1078; and In re Anderson (1991), 62 Ohio Misc.2d 268, 598 N.E.2d 223.
Based on the evidence and R.C. 2743.61, it is the court's opinion that the decision of the panel of commissioners was reasonable and lawful. Therefore, this court affirms the decision of the three-commissioner panel and hereby denies the applicant's claim.
Decision affirmed.
FRED J. SHOEMAKER, J., retired, of the Franklin County Court of Common Pleas, sitting by assignment.