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In re Young7/29/2005
OPINION OF A THREE-COMMISSIONER PANEL
{ } On July 2, 2004, the applicant filed a reparations application seeking reimbursement of expenses incurred with respect to a January 10, 2004 assault and robbery incident. On August 30, 2004, the Attorney General granted the applicant an award of reparations in the amount of $1,208.00 for unreimbursed allowable expense. However, the Attorney General denied the applicant's claim for work loss and reimbursement of the St. Vincent's Charity Hospital's bill. On September 24, 2004, the applicant filed a request for reconsideration. On March 22, 2005, the Attorney General determined that no modification of the previous decision was warranted. On April 8, 2005, the applicant filed a notice of appeal to the Attorney General's March 22, 2005 Final Decision asserting that he sustained additional economic loss. Hence, this matter came to be heard before this panel of three commissioners on June 8, 2005 at 11:00 A.M.
{ } The applicant, applicant's counsel, and an Assistant Attorney General attended the hearing and presented testimony, an exhibit, and oral argument for this panel's consideration. Charles Young testified that for the last 30 years he had been setting up pool tables for a living. Mr. Young explained that the job required heavy lifting, which sometimes aggravated his back, but noted that he has never incurred any significant work loss or sought any extensive treatment for his back as a result of setting up pool tables.
{ } The applicant indicated that on January 2, 2004 he suffered a minor back injury while working. Mr. Young stated that he sought care at the Cleveland Clinic and returned to work a few days later. However, Mr. Young explained that his back was severely injured on January 10, 2004 when he was robbed and assaulted at his home. Mr. Young testified that two young men forced their way into his apartment, tied him up, and repeatedly struck him. Mr. Young stated that initially he attempted to fight back, but was unable to do so successfully. The applicant explained that he sustained several facial lacerations requiring stitches and a back and shoulder injury. Mr. Young also noted that he suffers from nightmares, difficulty sleeping, and depression as a result of the assault. The applicant stated that he attempted to return to work a week after the assault, but was unable to perform his job duties due to his back injury. Mr. Young explained that he sought treatment with his primary physician, Dr. Labastille, as a result of his back pain.
{ } Moreover, Mr. Young further testified that he has not installed any pool tables since the assault. However, the applicant stated that within the last month he has worked setting up the bummer railings for pool tables. Mr. Young acknowledged that he had been previously diagnosed in 1995 with arthritis and degenerative disc disease, but explained that since the criminally injurious conduct he now suffers from a sciatic nerve injury, a condition which he did not have prior to the criminally injurious conduct.
{ } Applicant's counsel stated, based upon the testimony proffered, that the applicant's claim for additional economic loss should be allowed. Counsel argued, despite the applicant's minor back injury on January 2, 2004, that the applicant nevertheless on January 10, 2004 sustained a severe and aggravating injury to his back during the assault and robbery, which ultimately resulted in a loss of work for the applicant.
{ } The Assistant Attorney General maintained that the applicant failed to prove that his back was injured during the 2004 criminally injurious conduct incident. The Assistant Attorney General asserted that the applicant had a pre-exis
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