§351-63 - Recovery from collateral source. - Hawaii Statutes

     §351-63  Recovery from collateral source.  (a)  In determining the amount of compensation to be awarded under this chapter, the commission shall deduct amounts or benefits received or to be received from any source, whether from the offender or from any person on behalf of the offender, or from public or private funds, and which amounts or benefits result from or are in any manner, directly or indirectly, attributable to the injury or death which gave rise to the award; provided that no deduction shall be made for death benefits received or to be received under any insurance policy covering the life of a deceased victim.

     (b)  Where compensation is awarded under this chapter and the person receiving same also receives any sum required to be, and that has not been deducted under subsection (a), the person shall refund to the State the lesser of the sum or the amount of the compensation paid to the person under this chapter. [L 1967, c 226, pt of §1; HRS §351-63; am L 1972, c 61, §1e; gen ch 1985; am L 1998, c 240, §5]

 

Attorney General Opinions

 

  Amount of welfare payments made to victim for food and necessities during disability is not deductible from compensation awarded.  Att. Gen. Op. 69-27.

 

Case Notes

 

  Collateral benefits are deductible from gross economic loss plus pain and suffering without regard to the $10,000 maximum on awards.  63 H. 254, 625 P.2d 372.