595.035. Award standards to be established--amount of award, factors to be considered--purpose of fund, reduction for other compensation received by victim, exceptions--time limitation. - Missouri Statutes

Award standards to be established--amount of award, factors to beconsidered--purpose of fund, reduction for other compensationreceived by victim, exceptions--time limitation.

595.035. 1. For the purpose of determining the amount ofcompensation payable pursuant to sections 595.010 to 595.075, thedepartment of public safety shall, insofar as practicable, formulatestandards for the uniform application of sections 595.010 to 595.075,taking into consideration the provisions of sections 595.010 to 595.075,the rates and amounts of compensation payable for injuries and deathpursuant to other laws of this state and of the United States, excludingpain and suffering, and the availability of funds appropriated for thepurpose of sections 595.010 to 595.075. All decisions of the department ofpublic safety on claims pursuant to sections 595.010 to 595.075 shall be inwriting, setting forth the name of the claimant, the amount of compensationand the reasons for the decision. The department of public safety shallimmediately notify the claimant in writing of the decision and shallforward to the state treasurer a certified copy of the decision and awarrant for the amount of the claim. The state treasurer, uponcertification by the commissioner of administration, shall, if there aresufficient funds in the crime victims' compensation fund, pay to or onbehalf of the claimant the amount determined by the department.

2. The crime victims' compensation fund is not a state health programand is not intended to be used as a primary payor to other health careassistance programs, but is a public, quasi-charitable fund whosefundamental purpose is to assist victims of violent crimes through a periodof financial hardship, as a payor of last resort. Accordingly, anycompensation paid pursuant to sections 595.010 to 595.075 shall be reducedby the amount of any payments, benefits or awards received or to bereceived as a result of the injury or death:

(1) From or on behalf of the offender;

(2) Under private or public insurance programs, including champus,Medicare, Medicaid and other state or federal programs, but not includingany life insurance proceeds; or

(3) From any other public or private funds, including an awardpayable pursuant to the workers' compensation laws of this state.

3. In determining the amount of compensation payable, the departmentof public safety shall determine whether, because of the victim's consent,provocation, incitement or negligence, the victim contributed to theinfliction of the victim's injury or death, and shall reduce the amount ofthe compensation or deny the claim altogether, in accordance with suchdetermination; provided, however, that the department of public safety maydisregard the responsibility of the victim for his or her own injury wheresuch responsibility was attributable to efforts by the victim to aid avictim, or to prevent a crime or an attempted crime from occurring in hisor her presence, or to apprehend a person who had committed a crime in hisor her presence or had in fact committed a felony.

4. In determining the amount of compensation payable pursuant tosections 595.010 to 595.075, monthly Social Security disability orretirement benefits received by the victim shall not be considered by thedepartment as a factor for reduction of benefits.

5. The department shall not be liable for payment of compensation forany out-of-pocket expenses incurred more than three years following thedate of the occurrence of the crime upon which the claim is based.

(L. 1981 H.B. 41, et al. § 6, A.L. 1982 S.B. 497, A.L. 1983 H.B. 713 Revision, A.L. 1985 H.B. 715, A.L. 1988 H.B. 1195, A.L. 1993 S.B. 19, A.L. 1994 S.B. 554, A.L. 2001 S.B. 267, A.L. 2009 S.B. 338)

(1987) A trial court was in error in not deducting from a claimant's crime victim's award amounts that were paid to claimant as permanent partial disability under the Workers' Compensation Act as required by this section. Printy v. State Dept. of Labor, 733 S.W.2d 822 (Mo.App.).

(1988) Social Security benefits are not insurance programs or public funds for purpose of reducing crime victim's compensation. Scott v. Labor & Industrial Relations Commission, 757 S.W.2d 635 (Mo.App.).