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Session Laws, 1999
Volume 796, Page 3491   View pdf image
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825.

(a) (1) An award may not be made unless the Board members find that:

(i) A crime was committed;

(ii) The crime directly resulted in physical injury to, or death of the
victim, or in the case of sexual assault or child abuse, psychological or emotional
injury;

(iii) Police, other law enforcement, or judicial records show that the
crime or the discovery of child abuse was reported to the proper authorities within 48
hours after the occurrence of the crime; and

(iv) The victim has fully cooperated with all law enforcement

agencies.

(2) The Board may waive the requirements of paragraph (1)(iii) and (iv)
of this subsection for good cause shown.

(3) (i) An award may not be made unless funds are appropriated and
available for the full amount of the award.

(ii) If a multiyear award is made, the total amount of the award
shall be obligated and held for any period of time as is necessary to complete payment
in accordance with the provisions of the award.

(iii) If payment of the award is terminated for any reason
subsequent to June 30 of the fiscal year in which the award was made, the remainder
of the award shall revert to the Criminal Injuries Compensation Fund established
under § 831 of this subheading.

(iv) Any compensation awarded under the provisions of this Act
shall not exceed $25,000 for any disability-related or dependency-related claim and
$45,000 for any medical claim. The maximum amount awarded under all of the
provisions of this Act shall not exceed $45,000, including any subsequent and
supplemental awards.

(4) Any compensation awarded under the provisions of this subheading
for the purposes of psychiatric, psychological, or mental health counseling may not
exceed $3,000 $5,000 for each claimant.

(5) The Board may negotiate a settlement with a health care provider for
the medical and medically related expenses of a claimant.

(b) (1) Except as provided in paragraph (2) of this subsection, any award
made under this subheading shall be made in accordance with the schedule of
benefits, as it existed on January 1, 1989, and degree of disability, as specified in Title
9, Subtitle 6 of the Labor and Employment Article and any other applicable provisions
of the Labor and Employment Article, except for Title 9, Subtitle 8 of the Labor and
Employment Article. However, the term "average weekly wages", as applied to
determine the award in accordance with Title 9, Subtitle 6 of the Labor and
Employment Article, does not include tips, gratuities and wages that are undeclared

 

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Session Laws, 1999
Volume 796, Page 3491   View pdf image
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