Court of Claims of Ohio 

Victims of Crime Division

The Ohio Judicial Center 

65 South Front Street, Fourth Floor 

Columbus, OH 43215 

614.387.9860 or 1.800.824.8263 

www.cco.state.oh.us

IN RE: SHARON L. ZIMMER 

SHARON L. ZIMMER 

 Applicant 

 

 Case No. V2003-40186 

Commissioners: 

Gregory P. Barwell, Presiding 

Elizabeth Luper Schuster 

Randi M. Ostry 

ORDER OF A THREE-COMMISSIONER PANEL

{¶ 1} On August 1, 2003, a panel of commissioners issued an opinion 

determining that 80 percent of the settlement the applicant received as the result of the 

criminally injurious conduct of June 18, 2001, should be apportioned for non-economic 

loss and the remaining 20 percent was a collateral source. Accordingly, the applicant 

was granted an award of reparations in the amount of $2,815.64. Furthermore, the 

gymnasium expenses at Bally’s Total Fitness that the applicant incurred qualified as 

allowable expense under the statute. 

{¶ 2} On September 3, 2003, the Attorney General rendered an amended 

finding of fact and decision which granted the applicant an additional award of 

reparations in the amount of $1,699.74 for expenses the applicant incurred at Bally’s 

Total Fitness. On July 19, 2004, the Attorney General issued a finding of fact and 

decision based on a January 20, 2004 supplemental compensation application filed by 

the applicant. The Attorney General granted the applicant an award in the amount of 

$188.56. 

{¶ 3} On June 3, 2009, the applicant filed a supplemental compensation 

application. On August 24, 2009, the Attorney General issued a finding of fact and 

decision based upon the supplemental filing denying the applicant’s request for 
Case No. V2003-40186 - 2 - ORDER

reimbursement of expenses incurred at Bally’s Total Fitness, due to the lack of medical 

documentation connecting the fitness expenses to the injuries the applicant sustained at 

the time of the criminally injurious conduct - June 18, 2001. On September 23, 2009, 

the applicant submitted a request for reconsideration. On December 22, 2009, the 

Attorney General rendered a Final Decision finding the applicant incurred an 

unreimbursed dental expense in the amount of $33.20. However, this amount could 

not be paid pursuant to R.C. 2743.191(B)(1), which allows only payment of awards 

which meet or exceed $50.00. The Attorney General found no reason to modify its 

decision concerning the Bally’s Total Fitness expenses. On December 28, 2009, the 

applicant filed a notice of appeal from the December 22, 2009 Final Decision of the 

Attorney General. Hence, a hearing was held before this panel of commissioners on 

April 21, 2010 at 10:40 A.M. 

{¶ 4} The applicant’s attorney Michael Falleur appeared via telephone while 

Assistant Attorney General Amy O’Grady appeared on behalf of the state of Ohio. The 

parties revealed that they had reached an agreement on the only issue in dispute, the 

payment of the Bally’s Total Fitness expense. 

{¶ 5} The Attorney General provided the panel with State’s Exhibit A, a detailed 

expense exhibit and State’s Exhibit B, medical records from Fair Oaks Orthopedics. 

The Attorney General asserted that this additional medical information, coupled with a 

prescription for water therapy, constitutes sufficient documentation to prove that the 

expenses incurred at Bally’s Total Fitness were related, by a reasonable degree of 

medical certainty, to the injuries the applicant sustained from the criminally injurious 

conduct of June 18, 2001. Therefore, the Attorney General recommended an award in 

the amount of $643.95 for water therapy at Bally’s Total Fitness, and $33.20 for dental 

expenses incurred be awarded to the applicant. The total award equals $677.15. The 

applicant expressed no objection to the Attorney General’s recommendation. 

Whereupon, the hearing was concluded. 
Case No. V2003-40186 - 3 - ORDER

{¶ 6} From review of the file and with full and careful consideration given to the 

agreement of the parties presented at the hearing, we find the applicant has incurred 

additional allowable expense in the amount of $677.15. Therefore, the December 22, 

2009, decision of the Attorney General is affirmed in part and reversed in part. 

 IT IS THEREFORE ORDERED THAT 

{¶ 7} 1) State’s Exhibits A and B are admitted into evidence; 

{¶ 8} 2) The December 22, 2009 decision of the Attorney General is 

AFFIRMED with respect to the dental expense incurred by the applicant and 

REVERSED in part with 

respect to the payment of the expense incurred at Bally’s Total Fitness; 

{¶ 9} 3) This claim is remanded to the Attorney General for payment of the 

award in the amount of $677.15; 

{¶ 10} 4) The applicant’s April 20, 2010 motion for telephone testimony is 

hereby GRANTED; 

{¶ 11} 5) This order is entered without prejudice to the applicant’s right to file 

a supplemental compensation application, within five years of this order, pursuant to 

R.C. 2743.68; 

{¶ 12} 6) Costs are assumed by the court of claims victims of crime fund.

 _______________________________________ 

 GREGORY P. BARWELL 

 Presiding Commissioner

 _______________________________________ 

 RANDI M. OSTRY 

 Commissioner
Case No. V2003-40186 - 4 - ORDER

 _______________________________________ 

 ELIZABETH LUPER SCHUSTER 

 Commissioner 

ID #I:\VICTIMS\2003\40186\5-17-10 panel decision.wpd\DRB-tad 

 A copy of the foregoing was personally served upon the Attorney General and 

sent by regular mail to Montgomery County Prosecuting Attorney and to: 

Filed 6-17-2010 

Jr. Vol. 2275, Pgs. 160-163 

To S.C. Reporter 8-20-2010