In re Wanda K. Hamilton

This claim arises out of an incident that occurred on January 2, 1981. Wanda K. Hamilton, Claimant, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq.

This Court has carefully considered the application for benefits submitted on April 28, 1981, on the form prescribed by the Attorney General, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds: 1. That the Claimant, Wanda K. Hamilton, age 20, was a victim of a violent crime, as defined in section 2(c) of the Act (Ill. Rev. Stat. 1979, ch. 70, par. 72(c)), to wit: aggravated battery. Ill. Rev. Stat. 1979, ch. 38, par. 12-4. 2. That on January 2, 1981, the Claimant was stabbed by one of four unknown offenders during the course of an armed robbery. The incident occurred on the street at 1549 West Ogden Avenue, Chicago, Illinois. The Claimant and her husband were walking home when they were approached by four unknown offenders who demanded the couple’s money. When the Claimant resisted, one of the offenders stabbed her, took the couple’s money, and all four offenders fled the scene. The Claimant was taken to University of Illinois Hospital for treatment of her injuries.

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3. That the Claimant seeks compensation for medi- ~ cal/hospital expenses and for loss of earnings.

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4. That the Claimant incurred medical/hospital expenses in the amount of $9,781.05, none of which was paid by insurance, leaving a balance of $9,781.05. At the time of the incident, the Claimant was entitled to medical assistance through the Illinois Department of Public Aid, under case identification No. 7-200-K18805; however, the Claimant neglected to inform her medical providers of this fact. The University of Illinois Hospital subsequently applied for public aid medical assistance on behalf of the Claimant on January 8, 1981, and the Claimant was denied on February 9, 1981, due to her failure to keep an appointment necessary to determine her eligibility.

One of the Claimant’s medical bills was covered by public aid after the medical provider billed its charges to the Illinois Department of Public Aid. This bill was covered in the amount of $363.00, leaving the Claimant responsible for $9,418.05. 5. That pursuant to section lO.l(g) (Ill. Rev. Stat. 1979, ch. 70, par. 80.l(g)),compensation under this Act is a secondary source of compensation, and the applicant must show that she has exhausted the benefits reasonably available under governmental or health insurance programs, including the State public aid program. 6. That the Claimant has failed to exhaust other remedies and sources of recovery available to her, in that she failed to inform her medical providers that she was a public aid recipient. Therefore in accordance with section lO.l(g) of the Act, the Claimant’s failure to exhaust the remedies available to her through the Illinois Department of Public Aid must result in the dismissal of that portion of her claim.

[*1026] 7 . That the Claimant was employed by Rival Manufacturing Company and Szabo Foods prior to the injury and her average monthly earnings were $232.23. Claimant was disabled and unable to work from January 5, 1981, to February 5, 1981, a period of one month and two working days. 8. That section 2(b) of the Act (Ill. Rev. Stat. 1979, ch. 70, par. 72(h)) states that loss of earnings shall be determined on the basis of the victim’s average net monthly earnings for the six months immediately preceding the date of the injury or on $750.00 per month, whichever is less. 9. That based on $232.23 per month, the maximum compensation for loss of earnings for one month and two working days is $253.35. 10. That pursuant to section lO.l(e) of the Act (Ill.

Rev. Stat. 1979, ch. 70, par. 80.l(e)), this Court must deduct $200.00 from all claims (except in the case of an applicant 65 years of age or older) and the amount of benefits, payments or awards payable under the Workers’ Compensation Act, Dram Shop Act, Federal medicare, State public aid, Federal Social Security Administration burial benefits, Veterans Administration burial benefits, health insurance, or from any other source, except annuities, pension plans, Federal Social Security payments payable to dependents of the victim and the net proceeds of the first $25,000.00 (twenty-five thousand dollars) of life insurance that would inure to the benefit of the applicant. 11. That the Claimant has not received any reimbursements that can be counted as applicable deductions. 12. That the Claimant is entitled to an award based on the following: [*1027] Compensable loss of carnings $253.35 Less $200.00 deductible - 200.00

Total $ 53.35

It is hereby ordered that the sum of $53.35 (fiftythree dollars and thirty-five cents) be and is hereby awarded to Wanda K. Hamilton, an innocent victim of a violent crime.

It is further ordered that the claim for compensation for medical/hospital expenses of the Claimant be and is hereby denied.

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j / i (No. 82-C\’-0006-Clain1 denied.)

In re APPLICATION OF JOHN MATES.

Order filed March 28,1983.

JOHN MATES, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (FAITH S. SALSBURG, Assistant Attorney General, of counsel), for Respondent.

CRIME VICTIMSCOMPENSATION ACT-shooting victim-ref urn1 to prosecute -cluim denied. Claim for benefits under Crime Victims Compensation Act was denied where evidence established that victim of shooting incident refnsed to prosecute offender who was known to him and the offender was released without being charged, and the Act provides that a person is entitled to benefits only if the appropriate officials are notified of the crime and the Claimant cooperates fully in the apprehension and prosecution of the assailant.

POCH, J. This claim arises out of an incident that occurred on May 15, 1981. John Mates, Claimant, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev.

Stat. 1979, ch. 70, par. 71 et seq.

[*1028] This Court has carefully considered the application for benefits submitted on July 2, 1981, on the form prescribed by the Attorney General and an investigatory report of the Attorney General of Illinios. Based upon these documents and other evidence submitted to the Court, the Court finds: 1. That on May 16, 1981, the Claimant was shot by an unknown offender during the course of a verbal dispute. The incident occurred on the street at 2327 South Sawyer, Chicago, Illinois. The Claimant was taken to St.

Anthony Hospital for treatment of a gunshot wound to his thigh.

During the course of the police investigation, the Claimant positively identified the offender. However, he refused to prosecute and the offender was released without being charged. 2. That sections 6.l(c) and (d) of the Act (Ill. Rev.

Stat. 1979, ch. 70, pars. 76.l(c), (d)), state that a person is entitled to compensation under the Act if the appropriate law enforcement officials were notified of the perpetration of the crime and the applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant. 3. That it appears from the police report that the Claimant declined to cooperate fully with law enforcement officials in the apprehension of the assailant, in that he knew who the offender was but declined to press charges against him. 4. By reason of the Claimant’s refusal to fully cooperate with law enforcement officials in the apprehension and prosecution of the assailant as required by the Act, he is not eligible for compensation thereunder.

It is hereby ordered that this claim be, and is hereby denied.