Effective: July 10, 2014
Latest Legislation: House Bill 261 - 130th General Assembly
(A) A decision of the attorney general or order or judgment of the court of claims granting an award of reparations may provide for the payment of the award in a lump sum or in installments. The part of an award equal to the amount of economic loss accrued to the date of the award shall be paid in a lump sum. An award for allowable expense that would accrue after the award is made shall not be paid in a lump sum. Except as provided in division (B) of this section, the part of an award not paid in a lump sum shall be paid in installments.
(B) Upon the motion of the claimant, the attorney general may commute future economic loss, other than allowable expense, to a lump sum but only upon a finding that either of the following applies:
(1) The award in a lump sum will promote the interests of the claimant.
(2) The present value of all future economic loss, other than allowable expense, does not exceed one thousand dollars.
(C) The attorney general may make an award for future economic loss payable in installments only for a period as to which future economic loss reasonably can be determined. An award for future economic loss payable in installments may be reconsidered and modified upon a finding that a material and substantial change of circumstances has occurred.
(D) An award is not subject to execution, attachment, garnishment, or other process, except that, upon receipt of an award by a claimant:
(1) The part of the award that is for allowable expense or funeral expense is not exempt from such action by a creditor to the extent that the creditor provided products, services, or accommodations the costs of which are included in the award.
(2) The part of the award that is for work loss shall not be exempt from such action to secure payment of spousal support, other maintenance, or child support.
(3) The attorney general may recover the award pursuant to section 2743.72 of the Revised Code if it is discovered that the claimant actually was not eligible for the award or that the award otherwise should not have been made under the standards and criteria set forth in sections 2743.51 to 2743.72 of the Revised Code.
(4) If the claimant receives compensation from any other person or entity, including a collateral source, for an expense that is included within the award, the attorney general may recover pursuant to section 2743.72 of the Revised Code the part of the award that represents the expense for which the claimant received the compensation from the other person or entity.
(E) If a person entitled to an award of reparations is under eighteen years of age and if the amount of the award exceeds one thousand dollars, the order providing for the payment of the award shall specify that the award be paid either to the guardian of the estate of the minor appointed pursuant to Chapter 2111. of the Revised Code or to the person or depository designated by the probate court under section 2111.05 of the Revised Code. If a person entitled to an award of reparations is under eighteen years of age and if the amount of the award is one thousand dollars or less, the order providing for the payment of the award may specify that the award be paid to an adult member of the family of the minor who is legally responsible for the minor's care or to any other person designated by the attorney general or the court of claims.
Structure Ohio Revised Code
Title 27 | Courts-General Provisions-Special Remedies
Chapter 2743 | Court of Claims
Section 2743.01 | State Liability Definitions.
Section 2743.02 | State Waives Immunity From Liability.
Section 2743.03 | Court of Claims.
Section 2743.041 | Affidavit of Disqualification.
Section 2743.05 | Powers of Court.
Section 2743.06 | Fees and Mileage for Witness.
Section 2743.07 | Supreme Court to Appoint Clerk and Deputy Clerks - Bond.
Section 2743.08 | Supplies, Equipment - Compensation of Personnel.
Section 2743.09 | Duties of Clerk.
Section 2743.091 | Actions Under Rc 5903.02 to Be Given Priority.
Section 2743.10 | Civil Actions Determined Administratively by Clerk.
Section 2743.11 | Trial by Jury.
Section 2743.12 | Judgments Rendered in Writing.
Section 2743.121 | Court of Claims Commissioners to Render Award of Reparation Decisions in Writing.
Section 2743.13 | Filing Complaint or Other Pleading - Summons.
Section 2743.14 | Representation of State.
Section 2743.15 | Settle or Compromise Civil Action Against State.
Section 2743.16 | Statute of Limitations - Compromise of Claims.
Section 2743.17 | Prior Decision by Sundry Claims Board.
Section 2743.18 | Prejudgment Interest - Interest on Judgment or Determination.
Section 2743.19 | Enforcing and Paying Judgment and Interest.
Section 2743.191 | Reparations Fund.
Section 2743.31 | Assumption of Liability in Shared Equipment Service Agreements.
Section 2743.43 | Expert Testimony on Liability Issues in Medical Claim.
Section 2743.48 | Wrongful Imprisonment Civil Action Against State.
Section 2743.49 | Adjusting Amount Recoverable for Wrongful Imprisonment.
Section 2743.51 | Reparation Award to Victim of Crime Definitions.
Section 2743.52 | Awards of Reparations for Economic Loss Arising From Criminally Injurious Conduct.
Section 2743.521 | Auditing Fee Bill Payments and Adjust Fee Bill Reimbursements.
Section 2743.531 | Court of Claims Victims of Crime Fund.
Section 2743.55 | Determination of Claims for an Award of Reparations.
Section 2743.56 | Application for Award of Reparations.
Section 2743.58 | Immunity From Civil Liability.
Section 2743.59 | Investigating Claim for Award of Reparations.
Section 2743.60 | Denial of Claim or Reduction of Award of Reparations.
Section 2743.601 | Applicability of Certain Provisions Pertaining to Reparations.
Section 2743.61 | Reconsideration of Decisions - Appeal.
Section 2743.62 | Privilege - Mental and Physical Examinations.
Section 2743.63 | Contempt Finding.
Section 2743.64 | Effect of Criminal Conviction or Prosecution.
Section 2743.65 | Attorney Fees - Witness Fees.
Section 2743.66 | Payment of Award of Reparations in Lump Sum or in Installments.
Section 2743.67 | Making Emergency Awards.
Section 2743.68 | Application for Supplemental Reparations.
Section 2743.69 | Annual Report.
Section 2743.70 | Additional Court Costs and Bail for Reparations Fund.
Section 2743.71 | Information Explaining Awards of Reparations Provided to Victims.
Section 2743.711 | Attorney General Is Legal Representative of Reparations Fund.
Section 2743.712 | Investigation by Attorney General Prior to Reparations Fund Enforcement Action.
Section 2743.72 | Right of Reimbursement, Repayment, and Subrogation in Favor of Reparations Fund.
Section 2743.75 | Jurisdiction Over Claims Alleging Denial of Access to Public Records.