IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA


IN THE MATTER OF:


Denise Burnside


(CV-02-305)


O R D E R



Claimant appeared in person.

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


WEBB, JUDGE:
An application of the claimant, Denise Burnside, for an award under the West Virginia Crime Victims Compensation Act, was filed August 12, 2002. The report of the Claim Investigator, filed February 26, 2003, recommended that an award be granted, to which the claimant filed a response in disagreement. An Order was issued on May 8, 2003, granting an award of $1,188.17 for medical expenses and prescription costs. The claim was paid on or about May 22, 2003. On June 3, 2003, the claimant filed a request for hearing. The matter came on for hearing September 30, 2003, claimant appearing pro se and the State of West Virginia by counsel, Joy M. Bolling, Assistant Attorney General.
On August 15, 2000, the claimant's sawmill operation in Harrison County was destroyed by arson. As a result, the claimant suffered emotional stress and incurred medical expenses.
Testifying at the hearing was the claimant's physician, Dr. Carl W. Lievig, who has been treating her since 1988. Dr. Lievig stated that the claimant was having chest pain before the fire occurred, but that "stress and anxiety and depression played a major role" and "certainly exacerbated her chest pain." (Transcript, page 8.) He also indicated that the claimant suffered from headaches due to the crime, but that she had a "migraine history." (Transcript, page 10.)
The claimant testified that she was placed on nerve medication for two weeks following the death of her daughter in 1997, and did well after that "until this incident." (Transcript, page 25.) The claimant stated that no one has been arrested or charged in the arson incident, but they know who did it and she still lives in fear because "he is around us all the time." (Transcript, page 26.)
The Court asked Dr. Lievig to explain the way he would divide her expenses, i.e., the treatments and medications she received before the fire and after the fire. (Transcript, page 21.) Dr. Lievig agreed to do so, and the claim was submitted pending his report. (Transcript, page 26.)
By letter to Claim Investigator W.F. Martin, dated December 17, 2003, Dr. Lievig verified which medical bills were related to the criminally injurious conduct. Mr. Martin prepared a memorandum dated January 20, 2004, in which he calculated the claimant's unreimbursed allowable expenses to be $1,906.63. An award in that sum is hereby granted, with the claimant granted leave to submit documentation of any additional allowable expenses relating to the incident in question.


ENTER: _____________________________________________
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JUDGE