Rule 115-4-.03 - Recommendation of Board(1) In making its recommendation relative to the claims reviewed under this Chapter, the Board shall take into consideration, insofar as practicable, the rates and amounts of compensation payable for injuries or property damage and death under other laws of this state and of the United States.(2) The Board may recommend to the General Assembly payment of compensation: (a) To or for the benefit of the injured person;(b) in the case of personal injury of the victim, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of such injury;(c) in the case of death of the victim, to or for the benefit of any one or more of the heirs at law of the victim, who at the time of the victim's demise were dependent upon him for over half of their support; or(d) to or for the benefit of the owner of the damaged property.(3) In making its recommendation to the General Assembly, the Board shall:(a) Consider a person to have intended an act, notwithstanding that by reason of age, insanity, drunkenness, or otherwise, he was legally incapable of forming a criminal intent;(b) consider all circumstances surrounding the claim, including, but not limited to, provocation, consent, or any other behavior of the victim which directly or indirectly contributed to his injury or death; the prior case or social history, if any, of the victim or claimant; any need for financial aid present; and any other relevant matters;(c) take into consideration any amounts received or receivable from any other source or sources by the victim or his dependents as a result of the incident or offense giving rise to the claim.(4) Claims and recommendations may be made under this Chapter regardless of whether or not any person is prosecuted or convicted of any offense arising out of such act.(5) In no event shall the Board recommend that compensation under this Chapter be awarded to: (a) Any victim of a criminal act not provided for in Code Section 28-5-100;(b) Any one who: 1. is a spouse, parent, grandparent, child (natural or adopted), grandchild, brother, sister, half brother, half sister, or parent of the spouse of the offender;2. was, at the time of the personal injury or death of the victim, living with the offender as a member of his family or household or maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person;3. violated a penal law of this state which violation caused or contributed to his injuries or death; or 4. was injured as a result of the operation of a motor vehicle, boat, or airplane, unless the same was used as a weapon in a deliberate attempt to run the victim down; or 5. any officer of the law injured in the performance of his official duties; or 6. any person who is or was at the time of the alleged loss an inmate in the custody of the Department of Corrections.(6) The Board shall make no recommendation regarding any claim which is the subject of pending litigation.(7) No compensation shall be recommended by the Board pursuant to this Chapter in an amount exceeding $5,000.00 per claim.(8) The Board shall, in an advisory way only, recommend to the General Assembly payment of compensation under this Chapter and the amount thereof for the following: (a) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim; and(b) loss of earning power as a result of total or partial incapacity of such victim.(9) No resolution for the payment of compensation under this Chapter shall be adopted unless notice of claim has been filed in accordance with these Rules, the claim is otherwise presented in accorance with law, and the personal injury or death was the result of an incident or offense for which compensation is authorized by this Chapter.Ga. Comp. R. & Regs. R. 115-4-.03
O.C.G.A. Secs. 28-5-81, 28-5-102 to 28-5-106.
Original Rule entitled "Recommendation of Board" adopted. Filed March 24, 1983; effective April 13, 1983.Amended: Filed August 22, 1986; effective September 11, 1986.Amended: F. July 28, 2000; eff. August 17, 2000.