In re APPLICATION OF JOHN LAVORINI
Case summary
The claimant moved for waiver or reduction of a lien on a judgment against his assailant, seeking to retain funds beyond medical bills. The court denied the motion, finding no statutory authority to waive or reduce liens under the Crime Victims Compensation Act.
Statutes cited: Ill. Rev. Stat. 1987, ch. 70, par. 71 et seq.; Ill. Rev. Stat., ch. 70, par. 80.1
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Headnotes
- CRIMEVICTIMS COMPENSATION Am-Act is secondary source of compensation, The Crime Victims Compensation Act provides only a secondary source of compensation for a crime victim, and recoveries from various sources are required to be deducted from awards made under the Act, while a lien is established on any possible recoveries from the perpetrator, since the Act is intended to aid innocent victims of crime where aid is forthcoming from no other source.
- SAME-motion for waiver or reduction of lien denied. The Claimant’s motion to have the State waive‘or reduce its lien on his recovery’from a judgment against his assailant so that he could have some,funds over and above his medical bills was denied, notwithstanding the fact that the Claimant’s insurer had reduced its lien by one-half, since the State’s waiver or reduction of its lien would have the effect of making an award where one was previously made, and such a deviation from the scheme of the Crime Victims Compensation Act would lack authorization under the Act.-
This cause coming to be heard on the Claimant’s motion for waiver or reduction of lien, due notice having been given and this Court being fully advised in the premises, finds that on December 1, 1986, the Claimant was awarded by this Court the amount of $1,144 under the Crime Victims Compensation Act. (Ill. Rev. Stat. 1987, ch. 70, par. 71 et seq.) The Claimant also received $2,652.80 from a private insurer. The Claimant had medical bills of approximately $3,700 with some possible future expenditures. The Claimant also has been awarded a judgment of $7,460 against his assailant.
Of this judgment, $3,200 has been paid. The insurer has reduced its lien by one-half, and the Claimant asks that the State do likewise or give up its lien altogether so that the Claimant might have some funds over and above his medical bills.
Section lO.l(g)of the Crime Victims Compensation Act states that “* * * compensation under this act is a secondary source of compensation * * * .” (Ill. Rev.
Stat., ch. 70, par. 80.1.) Under this Act, recoveries from various sources are required to be deducted from awards under the Act, while a lien is established on any possible recoveries from the perpetrator.
In summary, the purpose of the Act is to aid [*392] innocent victims of crime in stated ways where aid is forthcoming from no other source. When aid is forthcoming from another source, the taxpayers have no statutory obligation to the victim. In the present claim, a waiver or reduction of the lien would, in effect, make an award where one has been previously made from another source, as the award made in the circuit court against the perpetrator would have compensated the total damages. Such a deviation from the scheme of the Act would require statutory authorization. As there is no statutory authorization to waive or reduce liens, this Court has no power to do so. Therefore it is ordered that the motion of the Claimant for waiver .or reduction of liens is denied.