IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA


IN THE MATTER OF:


Catherine D. Tate


(CV-00-434)


O R D E R



Claimant appeared in person and by counsel, Charles R. Webb, Attorney at Law.

Joy M. Bolling, Assistant Attorney General, for the State of West Virginia.


BAKER, JUDGE:
An application of the claimant, Catherine D. Tate, for an award under the West Virginia Crime Victims Compensation Act, was filed November 6, 2000. The report of the Claim Investigator, filed May 23, 2001, recommended that no award be granted, to which the claimant filed a response in disagreement. An Order was issued on July 18, 2001, upholding the Investigator's recommendation and denying the claim, in response to which the claimant's request for hearing was filed October 4, 2001. Scheduled for hearing on October 19, 2001, the matter was continued at the request of the claimant. Rescheduled for May 23, 2002, and again continued, the claim was heard on July 11, 2002. The claimant appeared in person and by counsel, Charles R. Webb, and the State of West Virginia by counsel, Joy M. Bolling, Assistant Attorney General.
On August 19, 2000, the 37-year-old claimant was the victim of criminally injurious conduct in St. Albans, Kanawha County. The claimant was injured while performing her duties as a licensed practical nurse at the Crisis Residential Unit of Shawnee Hills. She was suddenly attacked by one of the male residents. He rushed at her, striking her chest and holding her neck and left arm, causing her head to strike a shelf. The offender was then restrained by several individuals.
It is undisputed that the claimant was an innocent victim of crime. At issue is the existence of a collateral source to offset her allowable expenses.
Since the claimant was injured at her place of employment, her losses should have been covered by Workers' Compensation. However, the claimant testified at the hearing that Workers' Compensation paid only fifty per cent (50%)of her wages, and that there were prescription costs and other medical expenses for which coverage was denied. The claimant also stated that she appealed the denial of coverage, and therefore exhausted her administrative remedies.
By memorandum to this Court dated July 26, 2004, the Claim Investigator calculated the claimant's actual out-of-pocket losses to be $5,560.35. Accordingly, an award in that sum is hereby granted as set forth in said memorandum. Should the claimant later submit proof of any additional unreimbursed allowable expenses relating to this incident, they will be reviewed by the Court at that time.


ENTER: _____________________________________________



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JUDGE