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In Re: Chester A. Bednar

June 29, 2007

IN RE: CHESTER A. BEDNAR CHESTER A. BEDNAR APPLICANT


The opinion of the court was delivered by: Judge J. Craig Wright

Cite as

In re Bednar,

www.cco.state.oh.us

DECISION

{¶1} This matter came on to be considered upon applicant's appeal from the April 2, 2007, order issued by the panel of commissioners. The panel's determination affirmed the final decision of the Attorney General, which denied applicant's claim for an award of reparations based upon the finding that applicant failed to prove that he was a victim of criminally injurious conduct, failed to timely file a reparations application, and failed to file a police report.

{¶2} R.C. 2743.52(A) 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 applicant failed to present sufficient evidence to meet his burden.

{¶3} The standard for reviewing claims that are appealed to the court is established by R.C. 2743.61(C), which provides in pertinent part: "If upon hearing and consideration of the record and evidence, the judge decides that the decision of the panel of commissioners is unreasonable or unlawful, the judge shall reverse and vacate the decision or modify it and enter judgment on the claim. The decision of the judge of the court of claims is final."

{¶4} At the judicial hearing, applicant asserted that this case was filed as a result of an incident involving alleged fraud. Plaintiff has not alleged that he has sustained any physical injury or threat of such injury.

{¶5} Upon review of the file in this matter, the court finds that the panel of commissioners was not arbitrary in finding that applicant did not show by a preponderance of the evidence that he was entitled to an award of reparations.

{¶6} 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 applicant's claim.

J. CRAIG WRIGHT Judge

IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION

www.cco.state.oh.us

IN RE: CHESTER A. BEDNAR : CHESTER A. ...


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