JENNINGS. In re APPLICATION OF THEOTIS
Case summary
Claimant sought compensation for medical expenses after being beaten by unknown offenders. The court denied the claim because the claimant suffered no pecuniary loss, as medical expenses were covered by the Illinois Department of Public Aid, and the claimant had no lost earnings due to unemployment.
Statutes cited: Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq.; Ill. Rev. Stat. 1979, ch. 38, par. 12-3; section 2(c) of the Act; section 2(h) of the Act; section 10.1(e) of the Act; section 6.1(b) of the Act
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Headnotes
- NEIL F. HARTIGAN, Attorney General (ALISON P. BRESLAUER,Assistant Attorney General, of counsel), for Respondent.
- CRIME VICI~MSCOMPENSATION Am-factors considered in determining loss of earnings. The loss of earnings for purposes of a claim under the Crime Victims Compensation Act is 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 (Ill. Rev. Stat. 1983, ch. 70, par. 72(h)).
- SAME-deductions auowed from all ckims. 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 any other source, except annuities, pension plans, Federal Social Security payments payable to dependents of the victim and the net proceeds of the first $2.5,OOO.00 of life insurance, and $200,except in the case of victims 65 years of age or older, must be deducted from all claims (111. Rev. Stat. 1979, ch. 70, par. M.l(e)).
- 485 ' . I
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- SAME-pecuniusy loss must exceed $200.00. The Crime Victims Compensation Act allows compensation only to those persons who suffer a pecuniary loss in excess of $200.00attributable to a violent crime resulting in I injury or death (Ill. Rev. Stat. 1979, ch. 70, par. 76.l(b)).
- SAM-battery-no pecuniay loss-award denied. A battery victim was not entitled to p y award, since the evidence established that he lost no , earnings because he was not employed for the six months immediately I
- preceding the incident, and his medical and hospital expenses were assumed by the Department of Public Aid.
This claim arises out of an incident that occurred on I August 5, 1984. Theotis Jennings, 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 se9.
This Court has carefully considered the application 1 for benefits submitted on December 19, 1984, 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. I Based upon these documents and other evidence submitted to the Court, the Court finds:
1. That the Claimant, Theotis jennings, age 27, was I a victim of a violent crime as defined in section 2(c) of I the Act, to wit: battery. Ill. Rev. Stat. 1979, ch. 38, par. 1 12-3.
2. That on August 5,1984, the Claimant was beaten for no apparent reason by unknown offenders. The incident occurred in a theater at 25 Madison, Chicago, Illinois. After the initial incident, the Claimant was taken by an unknown person to 2600 East 87th Street where he was found by police. The Claimant was taken to South Shore Hospital for treatment of his injuries. The offenders have not been apprehended.
[*486] 3. That the Claimant seeks compensation for medical/hospital expenses only.
4. That section 2(h) of the Act 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.
5. That the Claimant was not employed for the six months immediately preceding the date of the incident out of which this claim arose and therefore suffered no loss of earnings compensable under section 2(h) of the Act.
6. That the Illinois Department of Public Aid has assumed the responsibility for the ,medical/hospital expenses which the Claimant incurred as a result of the incident.
7. That pursuant to section lO.l(e) of the Act, 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.
8. .That the Claimant has received no reimbursements that can be counted as applicable deductions.
[*487] I
9. That the Claimant did not suffer a pecuniary loss
as a result of the incident.
10. That section 6.l(b) of the Act limits the right of
compensation to persons who have suffered a pecuniary
loss of $200.00 or more attributable to a violent crime
resulting in the injury or death of the victim.
11. That this claim does not meet a required
condition precedent for compensation under the Act.
It is hereby ordered that this claim be, and is
hereby, denied.