CHARLETTA JOSEPH, Claimant v. STATE OF ILLINOIS, Respondent Order entered June 10, 2019
Case summary
Claimant sought compensation for funeral and burial expenses after her son was murdered. The court awarded $2,420.73 after deducting life insurance proceeds from actual expenses, applying statutory caps.
Statutes cited: 740 ILCS 45/1; 720 ILCS 5/9-1; 740 ILCS 45/2(c); 740 ILCS 45/6.1; 740 ILCS 45/2(h); 740 ILCS 45/10.1(c); 740 ILCS 45/10.1(e)
Cases cited: In Re Application of Eugene B. Finegan, 37 Ill. Ct. Cl. 463 (1984)
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
ORDER
BIRNBAUM, CJ.
This claim arises out of an incident that occurred on Monday, October 22, 2018.
Charletta Joseph, mother of the deceased victim, Myles Parrish, 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. (2011).
This Court has carefully considered the application for benefits submitted on Wednesday, December 5, 2018, 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:
1. That on Monday, October 22, 2018, Myles Parrish, Jr., age 25, was the victim of a violent crime as defined in §2(c) of the Act, to wit: First Degree Murder 720 ILCS 5/9-1 (2016).
2. That the crime occurred in Chicago, Illinois, and all of the eligibility requirements of §6.1 of the Act have been met.
3. That the Claimant seeks compensation for funeral and burial expenses.
4. That pursuant to §2(h) of the Act, “pecuniary loss” means, in the case of death, expenses for funeral, burial, and travel and transport for survivors of homicide victims to secure bodies of deceased victims and to transport bodies for burial all of which may not exceed a maximum of $7,500.00. Further, §10.1(c) of the Act states that, any person, even though not dependent upon the victim for his or her support, may be compensated for reasonable funeral expenses of the victim to the extent to which he or she has paid or become obligated to pay such expenses.
5. That pursuant to §10.1(e) of the Act, an award shall be reduced by the amount of benefits, payments or awards payable under the Worker’s Compensation Act, the Dram Shop Act, any claim, demand or cause of action based upon the crime-related injury or death, the Federal Medicare program, the State Public Aid program, Social Security Administration burial benefits, Veterans administration burial benefits, life, [*188] health, accident or liability insurance, the Criminal Victims’ Escrow Account Act, 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 $25,000 (TWENTY-FIVE THOUSAND) of life insurance that would inure to the benefit of the applicant, which the application or any other person dependent for the support of a deceased victim, as the case may be, has received or to which he or she is entitled as a result of injury to or death of the victim.
6. That funeral/burial expenses were incurred as a result of the victim’s death in the amount of $17,502.69. The Claimant has received $40,081.96 from a life insurance policy as a result of the victim’s death, $15,081.96 of which can be counted as an applicable deduction under §10.1(e) of the Act.
7. That the Claimant has complied with pertinent provisions of the Act and is entitled to compensation thereunder.
8. That the Claimant’s net compensable loss is based upon the following:
Funeral & Burial Expenses $17,502.69
Life Insurance Deduction $15,081.96
Total Award $2,420.73
9. In In Re Application of Eugene B. Finegan, 37 Ill. Ct. Cl. 463 (1984), the Court denied funeral expenses wherein the life insurance deduction exceeded the maximum payment for funeral expenses. But in that case the total funeral expenses did not exceed the applicable life insurance deduction. Accordingly, this Court is clarifying Finegan and holding that applicable statutory deductions as stated in Section 10.1 of the Act, be reduced from actual expenses and then the total award be capped at the maximums allowed per the Act.
IT IS HEREBY ORDERED that the sum of $2,420.73 (TWO THOUSAND FOUR HUNDRED TWENTY DOLLARS AND SEVENTY-THREE CENTS) be and is hereby awarded to Charletta Joseph, mother of deceased victim, Myles Parrish, Jr.
[*189] LINE OF DUTY
COMPENSATION ACT
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