State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15B > GS_15B-11

§ 15B‑11.  Grounds fordenial of claim or reduction of award.

(a)        An award ofcompensation shall be denied if:

(1)        The claimant failsto file an application for an award within two years after the date of thecriminally injurious conduct that caused the injury or death for which theclaimant seeks the award;

(2)        The economic loss isincurred after one year from the date of the criminally injurious conduct thatcaused the injury or death for which the victim seeks the award, except in thecase where the victim for whom compensation is sought was 10 years old oryounger at the time the injury occurred. In that case an award of compensationwill be denied if the economic loss is incurred after two years from the dateof the criminally injurious conduct that caused the injury or death for whichthe victim seeks the award;

(3)        The criminallyinjurious conduct was not reported to a law enforcement officer or agencywithin 72 hours of its occurrence, and there was no good cause for the delay;

(4)        The award would benefitthe offender or the offender's accomplice, unless a determination is made thatthe interests of justice require that an award be approved in a particularcase;

(5)        The criminallyinjurious conduct occurred while the victim was confined in any State, county,or city prison, correctional, youth services, or juvenile facility, or localconfinement facility, or half‑way house, group home, or similar facility;or

(6)        The victim wasparticipating in a felony at or about the time that the victim's injury occurred.

(b)        A claim may bedenied or an award of compensation may be reduced if:

(1)        The victim wasparticipating in a nontraffic misdemeanor at or about the time that thevictim's injury occurred; or

(2)        The claimant or avictim through whom the claimant claims engaged in contributory misconduct.

(b1)      The Commission orDirector, whichever has the authority to decide a claim under G.S. 15B‑10,shall use the Commission's/Director's discretion in determining whether to denya claim under subsection (b) of this section. In exercising its discretion, theCommission or Director shall consider whether any proximate cause existsbetween the injury and the misdemeanor or contributory misconduct, whenapplicable. The Director or Commission shall deny claims when it finds thatthere was contributory misconduct that is a proximate cause of becoming avictim. However, contributory misconduct that is not a proximate cause ofbecoming a victim shall not lead to an automatic denial of a claim.

(c)        A claim may bedenied, an award of compensation may be reduced, and a claim that has alreadybeen decided may be reconsidered upon finding that the claimant or victim,without good cause, has not fully cooperated with appropriate law enforcementagencies or in the prosecution of criminal cases with regard to the criminallyinjurious conduct that is the basis for the award.

(c1)      A claim may bedenied upon a finding that the claimant has been convicted of any felonyclassified as a Class A, B1, B2, C, D, or E felony under the laws of the Stateof North Carolina and that such felony was committed within 3 years of the timethe victim's injury occurred.

(d)        After reaching adecision to approve an award of compensation, but before notifying theclaimant, the Director shall require the claimant to submit current informationas to collateral sources on forms prescribed by the Commission.

An award that has beenapproved shall nevertheless be denied or reduced to the extent that theeconomic loss upon which the claim is based is or will be recouped from acollateral source. If an award is reduced or a claim is denied because of theexpected recoupment of all or part of the economic loss of the claimant from acollateral source, the amount of the award or the denial of the claim shall beconditioned upon the claimant's economic loss being recouped by the collateralsource. If it is thereafter determined that the claimant will not receive allor part of the expected recoupment, the claim shall be reopened and an awardshall be approved in an amount equal to the amount of expected recoupment thatit is determined the claimant will not receive from the collateral source,subject to the limitations set forth in subsections (f) and (g).

(e)        Repealed by SessionLaws 1998‑212, s. 19.4(m), effective December 1, 1998.

(f)         Compensation forreplacement services loss, dependent's economic loss, and dependent'sreplacement services loss may not exceed two hundred dollars ($200.00) perweek. Compensation for work loss and household support loss may not exceed threehundred dollars ($300.00) per week.

(g)        Compensationpayable to a victim and to all other claimants sustaining economic loss becauseof injury to, or the death of, that victim may not exceed thirty thousanddollars ($30,000) in the aggregate in addition to allowable funeral, cremation,and burial expenses.

(h)        The right toreconsider or reopen a claim does not affect the finality of its decision forthe purpose of judicial review.  (1983, c. 832, s. 1; 1987, c. 819, ss. 17‑21;1989 (Reg. Sess., 1990), c. 898, s. 1; c. 1066, s. 131; 1991, c. 301, s. 1;1994, Ex. Sess., c. 3, s. 1; 1997‑227, s. 3; 1998‑212, s. 19.4(m);1999‑269, s. 3; 2004‑159, s. 1; 2006‑183, ss. 4, 5; 2009‑354,s. 4.)