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Session Laws, 1968
Volume 683, Page 809   View pdf image
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SPIRO T. AGNEW, Governor                        809

(c)    If there are two or more persons entitled to an award as a
result of the death of a person which is the direct result of a crime,
the award shall be apportioned among the claimants.

(d)    Any award made pursuant to this Article shall be reduced
by the amount of any payments received or to be received as a
result of the injury (1) from or on behalf of the person who com-
mitted the crime, (2) from any other public or private source, in-
cluding an award of the Workmen's Compensation Commission under
Article 101, (3) as an emergency award pursuant to Section 11 of
this Article.

(e)    In determining the amount of an award, the Board or Board
members, as the case may be, shall determine whether, because of
his conduct, the victim of such crime contributed to the infliction of
his injury, and the Board or Board Member shall reduce the amount
of the award or reject the claim altogether, in accordance with
such determination; provided, however, that the Board or Board
member, as the case may be, may disregard for this purpose the
responsibility of the victim for his own injury 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
his presence or to apprehend a person who had committed a crime
in his presence or had, in fact, committed a felony.

(f)    If the Board or Board member, as the case may be, finds
that the claimant will not suffer serious financial hardship, as a
result of the loss of earnings or support and the out-of-pocket ex-
penses incurred as a result of the injury, if not granted financial
assistance pursuant to this Article to meet such loss of earnings,
support or out-of-pocket expenses, the Board or Board members shall
deny an award. In determining such serious financial hardship,
the Board or Board member shall consider all of the financial re-
sources of the claimant. The Board shall establish specific standards
by rule for determining such serious financial
hardship.

13. Manner of payment.

Any award made under this Article shall be paid in accordance
with the provisions of Section 36 and other applicable sections of
Article 101 of this Code, excluding Section 66 of that Article entitled
"Subsequent Injury Fund." No award made pursuant to this Article
shall be subject to execution or attachment other than for expenses
resulting from the injury which is the basis for the claim.

14. Confidentiality of records.

The record of a proceeding before the Board or a Board member
shall be a public record; provided, however, that any record or
report obtained by the Board, the confidentiality of which is pro-
tected by any other law or regulation, shall remain confidential
subject to such law or regulation.

15. Subrogation.

Acceptance of an award made pursuant to this Article shall sub-
rogate the State, to the extent of such award, to any right or right of
action occurring to the claimant or the victim to recover payments
on account of losses resulting from the crime with respect to
which the award is made.


 

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Session Laws, 1968
Volume 683, Page 809   View pdf image
 Jump to  
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