§351-63  Recovery from collateral source. (a)  In determining the amount of compensation to be awarded under thischapter, the commission shall deduct amounts or benefits received or to bereceived from any source, whether from the offender or from any person onbehalf of the offender, or from public or private funds, and which amounts orbenefits result from or are in any manner, directly or indirectly, attributableto the injury or death which gave rise to the award; provided that no deductionshall be made for death benefits received or to be received under any insurancepolicy covering the life of a deceased victim.

(b)  Where compensation is awarded under thischapter and the person receiving same also receives any sum required to be, andthat has not been deducted under subsection (a), the person shall refund to theState the lesser of the sum or the amount of the compensation paid to theperson under this chapter. [L 1967, c 226, pt of §1; HRS §351-63; am L1972, c 61, §1e; gen ch 1985; am L 1998, c 240, §5]

 

Attorney General Opinions

 

  Amount of welfare payments made to victim for food andnecessities during disability is not deductible from compensation awarded. Att. Gen. Op. 69-27.

 

Case Notes

 

  Collateral benefits are deductible from gross economic lossplus pain and suffering without regard to the $10,000 maximum on awards.  63 H.254, 625 P.2d 372.