West Virginia Crime Victims Compensation Fund1

Transcription

1 West Virginia Crime Victims Compensation Fund1

2 History In 1967, the West Virginia Legislature established the Court of Claims (now Legislative Claims Commission ) to supply a simple method for citizens to file claims against State agencies. In 1981, the Legislature established the Crime Victims Compensation Fund within the Claims Commission. 2

3 ALL ABOARD THE CLAIM TRAIN!! WE HELP VICTIMS ON THEIR JOURNEY TO FINANCIAL COMPENSATION Presented by Commissioner George Fordham 3

4 Do You Need a Lawyer to Ride the Claim Train? No! However, if a lawyer is retained, reasonable attorney fees are paid by the Fund. 4

5 Where do I sit? West Virginia s Claim Train has three cars. Each car has its own Conductor, called an Investigator. 5

6 West Virginia s three Conductors have varied backgrounds: Rocky former State Trooper Amy former Job Placement Specialist Rachel former Victim Advocate 6

7 The Conductor s Job The Conductor (Investigator) will examine the claim ticket to make sure it has: Date and place of the crime Victim s identifying information Police report and court records Proof of loss Employment information 7

8 FIRST STOP: DOCUMENTATION STATION Any missing information will be requested by the Investigator via: Phone call Letter 8

9 When Requested Information is Not Provided Beware!! DERAILMENT AHEAD! DELAYS POSSIBLE 9

10 Where is the Engineer? 10

11 Commissioners (3) Commissioners must be attorneys licensed to practice law for at least ten years. They are appointed to six-year terms (staggered by two years). They are chosen by the President of the Senate and the Speaker of the House from a list of three nominees submitted by the West Virginia State Bar. No more than two Commissioners may be of the same political party. 11

12 COMMISSIONERS SERVE AS DECISION-MAKERS IN TWO AREAS: 1. CLAIMS AGAINST THE STATE 2. CRIME VICTIM CLAIMS 12

13 How often do the Commissioners meet? 13

14 Claims Commissioners serve on a part-time basis, meeting primarily in Charleston to hear those claims denied by State agencies. (The Commission does schedule out-of-town dockets for the convenience of claimants.) In Crime Victim claims, the Commissioners review the files and make initial decisions. APPEALS OF CRIME VICTIM CLAIMS are scheduled with the regular hearing dockets. 14

15 Who is not eligible Is there special training for new Commissioners? No BUT 15

16 Newly appointed Commissioners attend hearings to become familiar with the procedures involving claims against State agencies as well as the crime victim appeals. Senior members provide one-on-one guidance via informal training on the crime victim statute (W.Va. Code et seq.), prior decisions, procedures, and decision-making protocols. 16

17 How are the claims prepared for the Commissioners? The Chief Deputy Clerk prepares a proposed decision (Order) in those claims which are ready for review. Draft decisions are placed in paper files containing all supporting documents: Claim Investigator s report and recommendation, police report, invoices, etc. 17

18 First Things First! In making his initial decision, the Commissioner determines whether the victim was innocent of any wrongdoing. If in fact there is a finding of contributory misconduct, the Commissioner may deny a claim or reduce an award. 18

19 WARNING! 19

20 How does the Commissioner make a decision? After reviewing the complete file, a Commissioner may: - Deny the claim - Grant a full award - Grant a reduced award - Ask the Investigator to obtain additional information 20

21 Medical/Dental Mental health counseling Lost wages Mileage reimbursement for medical visits Expenses to attend offender s court hearings (up to $1,000) Replacement services Awards for Social Security qualifying disability (up to an additional $100,000) Relocation (up to $2,500) Awards in Injury Cases Maximum $35,000 21

22 Awards in Death Cases Maximum $50,000 Medical expenses prior to death Dependent s economic loss (where surviving spouse & other dependents are entitled to lost support due to the victim s death) Funeral/burial expenses up to $10,000 (included in the $50,000 maximum limit) Mental health counseling for surviving dependents 22

23 Don t Forget Collateral Sources The Crime Victims Compensation Fund is the payer of last resort. If any other sources of reimbursement are available, such sources must be used. They include: Medical, dental, or vision insurance Employee sick leave benefits Medicaid/Medicare Workers Compensation Unemployment benefits Life insurance proceeds in excess of $25,000 Auto insurance Restitution Civil litigation 23

24 LE assistance Appeals If either the claimant or the investigator disagrees with the Commissioner s Order, he or she has 21 days to file a written request for a hearing. A copy of the request is forwarded to the Office of the Attorney General, which represents the Crime Victims Fund at the hearing. 24

25 The Hearing The hearing is held before a single Commissioner to whom the claim was not previously assigned. Either party may subpoena witnesses. The proceedings are transcribed by a court reporter. 25

26 THANK YOU FOR RIDING THE CLAIM TRAIN! 26

27 Contact Us Voice: or (toll free) Fax: Web: Mail: Crime Victims Compensation Fund 1900 Kanawha Blvd., East, Room W-334 Charleston, WV