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



(b)  Where compensation is awarded under this
chapter and the person receiving same also receives any sum required to be, and
that has not been deducted under subsection (a), the person shall refund to the
State the lesser of the sum or the amount of the compensation paid to the
person under this chapter. [L 1967, c 226, pt of §1; HRS §351-63; am L
1972, c 61, §1e; gen ch 1985; am L 1998, c 240, §5]



 



Attorney General Opinions



 



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



 



Case Notes



 



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