In re Application of RICHARD R. KRAFTHEFER, JR.
Case summary
The claimant sought compensation under the Crime Victims Compensation Act for medical/hospital expenses and loss of earnings from a battery on January 10, 2008. The court awarded $4,917.48 for medical expenses but denied loss of earnings due to lack of documentation.
Statutes cited: 740 ILCS 45/1; 720 ILCS 5/12-3; 5 ILCS 70/1.11
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- Statute of limitations exception- A claimant is to file a claim within 2 years of the occurrence of the crime, or within one year after a criminal indictment of a person for an offense on which the claim is based. Claimant filed his claim 2 years and 1 day after the battery occurred as the last day fell on a Sunday and was not able to be filed on such day. The 2 year limitation is to be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday, and then it too is excluded. Claimant filed his claim within the appropriate period under the Act.
- Claims for compensation must be substantiated- The Act states that no award of compensation shall be made for any portion of the applicant’s claim that is not substantiated by the applicant. Claimant reported being employed during the six months that preceded the incident, however, he failed to submit ay documentation that substantiated that claim and therefore did not meet the required conditions for loss of earnings under the Act.
OPINION
Birnbaum, J.
This claim arises out of an incident that occurred on Thursday, January 10, 2008.
The claimant, Richard R. Krafthefer, Jr., seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act, 740 ILCS 45/1, et seq. (2000).
This Court has carefully considered the application for benefits submitted on Monday, January 11, 2010, on the form prescribed by the Illinois Attorney General, and an investigatory report of the Illinois Attorney General which substantiates matters set forth in the application.
Based upon these documents and other evidence submitted to the Illinois Attorney General's Office, the Court finds:
[*267] 1.
That on Thursday, January 10, 2008, the claimant, Richard R. Krafthefer, Jr., age 47, was a victim of a violent crime as defined in §2(c) of the Act, to wit:
Battery 720 ILCS 5/12-3 (2000).
2.
That pursuant to §6.1(a) of the Act, a person is entitled to compensation under the Act if within 2 years of the occurrence of the crime, or within one year after a criminal indictment of a person for an offense, upon which the claim is based, an application is filed, under oath, with the Court of Claims and on a form prescribed in accordance with Section 7.1 furnished by the Attorney General.
If the person entitled to compensation is under 18 years of age or under other legal disability at the time of the occurrence or becomes legally disabled as a result of the occurrence, he may file the application within two years after he attains the age of eighteen years or the disability is removed, as the case may be.
Legal disability includes a diagnosis of posttraumatic stress disorder.
3.
That the crime occurred on January 10, 2008.
The claimant filed an application for the crime victims compensation program on January 11, 2010.
Two
years from the crime date was January 10, 2010, a Sunday.
"The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday ..., and then it shall also be excluded."
5 ILCS 70/1.11.
Therefore, the claim was filed in the time frame required by §6.1(a) of the Act.
4.
That the crime occurred in Chicago, Illinois, and all of the eligibility requirements of §6.1 of the Act have been met.
[*268] 5.
That the claimant seeks compensation for medical/ hospital expenses and for loss of earnings.
6.
That after considering insurance and other sources of recovery, the claimant's net compensable loss for medical/ hospital expenses is $4,917.48.
To
date, the claimant has paid nothing toward this amount.
7.
That §8.1 of the Act states that no award of compensation shall be made for any portion of the applicant's claim that is not substantiated by the applicant.
8.
The claimant reports having been employed during the six months preceding the incident.
However, the claimant has not submitted documentation to substantiate the net earnings or the period of disability.
Therefore, the claimant has not met required conditions precedent for loss of earnings under §8.1 of the Act.
9.
That the claimant has received no reimbursements that can be counted as an applicable deduction under §10.1 (e) of the Act.
10. That the claimant's net compensable loss is based upon the following:
Compensable Amount
John H. Stroger, Jr. Hospital of Cook County $2,906.40
West Suburban Medical Center 1,291.08
West Suburban Emergency Services 379.00
City of Chicago/Department of Revenue-EMS
341.00
Total $4,917.48
11. That the claimant has complied with pertinent provisions of the Act and qualifies for compensation thereunder.
12. That pursuant to §18 (c) of the Act, the Court may order that all or a portion of an award be paid solely and directly to the provider of services.
In the instant case, the Court finds this section applicable and orders that direct payment [*269] be made.
IT IS HEREBY ORDERED that the sum of $2,906.40 (TWO THOUSAND NINE HUNDRED SIX DOLLARS AND FORTY CENTS) be and is hereby awarded to John H. Stroger, Jr. Hospital of Cook County for the hospital expenses of Richard R. Krafthefer, Jr., an innocent victim of a violent crime.
IT IS FURTHER ORDERED that the sum of $1,291.08 (ONE THOUSAND TWO HUNDRED NINETY-ONE DOLLARS AND EIGHT CENTS) be and is hereby awarded to West Suburban Medical Center for the hospital expenses of Richard R. Krafthefer, Jr.
IT IS FURTHER ORDERED that the sum of $379.00 (THREE HUNDRED SEVENTY-NINE DOLLARS) be and is hereby awarded to West Suburban Emergency Services for the medical expenses of Richard R. Krafthefer, Jr.
IT IS FURTHER ORDERED that the sum of $341.00 (THREE HUNDRED FORTY-ONE DOLLARS) be and is hereby awarded to City of Chicago/Department of Revenue-EMS for the medical expenses of Richard R. Krafthefer, Jr.