ORS 147.125
Determining amount of compensation
- deduction of other benefits
(1)
In determining the amount of compensation for which an applicant is eligible, the Department of Justice shall consider the facts stated on the application filed pursuant to ORS 147.105 (Application for compensation), and:(a)
Need not consider whether or not the alleged assailant has been apprehended or brought to trial or the result of any criminal proceedings against that person;(b)
Shall determine the amount of the loss to the applicant and, in the case of a deceased victim, of the victim’s survivors or dependents as determined under ORS 147.035 (Compensable losses);(c)
Shall determine the degree or extent to which the victim’s acts or conduct contributed to the injuries or death of the victim, and may reduce or deny the award of compensation accordingly. However, the department may disregard for this purpose the responsibility of the victim for the injury of the victim where the record shows that such responsibility was attributable to efforts by the victim to prevent a crime or an attempted crime from occurring in the presence of the victim or to apprehend a person who had committed a crime in the presence of the victim;(d)
Except as provided in paragraph (e) of this subsection, shall deduct the amount of benefits, payments or awards that are payable under the Workers’ Compensation Law, from local governmental, state or federal funds or from any source, and that the victim or survivors or dependents of the victim have received or to which the victim or survivors or dependents of the victim are entitled as a result of the death or injury of the victim;(e)
Shall not deduct the amount of proceeds from life insurance or contributions from the community that the survivors or dependents of the victim have received or to which the survivors or dependents of the victim are entitled as a result of the death of the victim;(f)
Shall consider the amount of money available for victim compensation awards as provided in the current biennial department budget approved by the Legislative Assembly or the Emergency Board, and the anticipated claims against that money; and(g)
Shall award the resultant amount to the applicant as provided in ORS 147.165 (Payment of awards).(2)
In determining the amount of an award to be made to an applicant, the department may consider the number and type of claims filed and anticipated to be filed with the department during the current biennial budget period. If the department determines that insufficient funds will be available during the current biennial budget period to pay all filed and anticipated awards, it may prioritize claims or prorate awards based upon the anticipated available funds. The department’s decision to prioritize or prorate claims or awards is not subject to administrative or judicial review, including review under ORS 147.155 (Appeal to Workers’ Compensation Board). [1977 c.376 §10; 1987 c.770 §5; 1989 c.542 §4; 1991 c.862 §6; 1999 c.128 §1; 2001 c.372 §1]
Source:
Section 147.125 — Determining amount of compensation; deduction of other benefits, https://www.oregonlegislature.gov/bills_laws/ors/ors147.html.
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