IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA


IN THE MATTER OF:


Arthur Blackmon, Sr.


(CV-01-151)


O R D E R


Claimant appeared in person.
Joy M. Bolling, Assistant Attorney General, for the State of West Virginia.

BAKER, JUDGE:
An application of the claimant, Arthur Blackmon, Sr., for an award under the West Virginia Crime Victims Compensation Act, was filed May 4, 2001. The report of the Claim Investigator, filed January 11, 2002, recommended that no award be granted, to which the claimant made no response. An Order was issued on February 21, 2002, upholding the Investigator's recommendation, in response to which the claimant's request for hearing was filed March 8, 2002. This matter came on for hearing May 23, 2002, the claimant appearing in person, and the State of West Virginia by counsel, Joy M. Bolling, Assistant Attorney General.
The 46-year-old claimant was the victim of an assault on August 18, 1999, in Cora, Logan County, West Virginia. He was attacked by the offender, Donald Farley, who struck him with a metal pipe, damaging his spleen and injuring his arm and shoulder.

This Court's initial denial of an award was based on a finding that the incident was not reported to law enforcement officials within the72- hour-period required by the statute.
Testimony at the hearing revealed that the claimant's injuries were so severe that he was hospitalized in intensive care and was therefore unable to report the crime to the authorities until five days had elapsed. The offender was later apprehended and indicted for malicious assault. He pleaded guilty to battery and was sentenced to one year in prison.
Accordingly, the Court hereby reverses its previous ruling and grants an award of $9,880.10 for the claimant's unreimbursed medical expenses pursuant to the Investigator's memorandum of May 6, 2002.



ENTER: ______________________________________

_______________________________________________
JUDGE





Blackmon, Arthur, Sr.