[Cite as In re Kreimer, 2011-Ohio-4028.]

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: JACQUELINE R. KREIMER 

JACQUELINE R. KREIMER 

 Applicant 

 

 Case No. V2011-60328 

Commissioners: 

E. Joel Wesp, Presiding 

Karl C. Kerschner 

Necol Russell-Washington 

COMMISSIONER PANEL ORDER OF A THREE-

 {¶1}On March 5, 2007, the applicant, Jacqueline Kreimer, filed a compensation 

application as the result of an aggravated robbery which occurred on February 20, 

2007. On April 27, 2007, the Attorney General issued a finding of fact and decision 

determining that the applicant had satisfied the necessary jurisdictional requirements to 

receive an award of reparations. However, all allowable medical expenses were 

recouped from Blue Cross/Blue Shield, a readily available collateral source. 

Applicant’s claims for counseling expenses and evidence replacement loss were denied 

since the applicant failed to supply supporting documentation. 

 {¶2}On February 4, 2008, the applicant filed a supplemental compensation 

application. On June 3, 2008, the Attorney General issued a finding of fact and 

decision concerning the February 4, 2008 supplemental application. The applicant was 

granted a supplemental award in the amount of $550.52, for reimbursement of medical 

expenses. On March 23, 2011, the applicant submitted a request for reconsideration. 

The applicant asserted an expense incurred for services rendered by Qualified 

Emergency Specialists, Inc. had not been paid. On March 31, 2011, the Attorney 
Case No. V2011-60328 - 2 - ORDER

General rendered a Final Decision determining that the initial supplemental decision of 

March 11, 2011 would not be modified. 
Case No. V2011-60328 - 3 - ORDER

The Attorney General’s investigation revealed that the expense incurred with Qualified 

Emergency Specialists, Inc. could have been reimbursed from Anthem Insurance 

Company, a readily available collateral source. On April 6, 2011, applicant filed a 

notice of appeal from the March 31, 2011 Final Decision of the Attorney General. 

Hence, a hearing was held before this panel of commissioners on July 6, 2011 at 10:30 

A.M. 

 {¶3}Assistant Attorney General Renata Staff appeared on behalf of the state of 

Ohio. The applicant did not attend the hearing. 

 {¶4}The Attorney General gave a brief statement for the panel’s consideration. 

The Attorney General stated the applicant failed to utilize a readily available collateral 

source, her health insurance, which would have paid for the expense incurred with 

Qualified Emergency Specialists, Inc. The applicant failed to timely submit this 

expense, even though the Attorney General informed the applicant that she needed to 

submit the bill to her insurance carrier. When the applicant did submit the expense on 

March 25, 2011, over four years after the expense was incurred, she no longer had 

health insurance coverage. Therefore, the Attorney General urged that the panel affirm 

the Final Decision of the Attorney General. Whereupon, the hearing was concluded. 

 {¶5}R.C. 2743.51(B)(7) states: 

"(B) ‘Collateral source’ means a source of benefits or advantages for economic 

loss otherwise reparable that the victim or claimant has received, or that is 

readily available to the victim or claimant, from any of the following sources: 

"(7) Proceeds of a contract of insurance payable to the victim for loss that the 

victim sustained because of the criminally injurious conduct." 
Case No. V2011-60328 - 4 - ORDER

 {¶6}R.C. 2743.60(D) in pertinent part states: 

"(D) The attorney general, a panel of commissioners, or a judge of the court of 

claims shall reduce an award of reparations or deny a claim for an award of 

reparations that is otherwise payable to a claimant to the extent that the 

economic loss upon which the claim is based is recouped from other persons, 

including collateral sources." 

 {¶7}R.C. 2743.60(H) states: 

"(H) If a claimant unreasonably fails to present a claim timely to a source of 

benefits or advantages that would have been a collateral source and that would 

have reimbursed the claimant for all or a portion of a particular expense, the 

attorney general, a panel of commissioners, or a judge of the court of claims 

may reduce an award of reparations or deny a claim for an award of 

reparations to the extent that it is reasonable to do so." 

 {¶8}The failure to submit expenses to a readily available collateral source 

creates a presumption that all expenses have been recouped. In re Schoroepfer

(1983), 4 Ohio Misc. 2d 15. 

 {¶9}From review of the case file and upon full and careful consideration given to 

the statement of the Attorney General, we find the applicant failed to utilize a readily 

available collateral source, namely Anthem Blue Cross/Blue Shield. Not only had the 

applicant submitted other medical expenses which were incurred at the same time to 
Case No. V2011-60328 - 5 - ORDER

this insurance carrier, but she was informed by the Attorney General’s office that she 

must submit the bill to her insurance carrier. We find the applicant acted unreasonably 

in this regard and, accordingly, the Attorney General’s March 31, 2011 decision must be 

affirmed. 

 IT IS THEREFORE ORDERED THAT 

 {¶10}1) The March 31, 2011 decision of the Attorney General is AFFIRMED; 

 {¶11}2) This claim is DENIED and judgment is rendered for the state of Ohio; 

 {¶12}3) 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; 
Case No. V2011-60328 - 6 - ORDER

 {¶13}4) Costs are assumed by the court of claims victims of crime fund.

 _______________________________________ 

 E. JOEL WESP 

 Presiding Commissioner

 _______________________________________ 

 KARL C. KERSCHNER 

 Commissioner

 _______________________________________ 

 NECOL RUSSELL-WASHINGTON 

 Commissioner 

ID #I:\VICTIMS\2011\60328\V2011-60328 Kreimer.wpd\DRB-tad 

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

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

Filed 8-5-11 

Jr. Vol. 2279, Pgs. 189-193 

Sent to S.C. Reporter 8-15-11