2006 Utah Code - 63-25a-411 — Compensable losses and amounts.

     63-25a-411.   Compensable losses and amounts.
     A reparations award under this chapter may be made if:
     (1) the reparations officer finds the claim satisfies the requirements for the award under the provisions of this chapter and the rules of the board;
     (2) monies are available in the fund;
     (3) the person for whom the award of reparations is to be paid is otherwise eligible under this act;
     (4) the claim is for an allowable expense incurred by the victim, as follows:
     (a) reasonable and necessary charges incurred for products, services, and accommodations;
     (b) inpatient and outpatient medical treatment and physical therapy, subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
     (c) mental health counseling which:
     (i) is set forth in a mental health treatment plan which has been approved prior to any payment by a reparations officer; and
     (ii) qualifies within any further rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
     (d) actual loss of past earnings and anticipated loss of future earnings because of a death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the person's weekly gross salary or wages or the maximum amount allowed under the state workers' compensation statute;
     (e) care of minor children enabling a victim or spouse of a victim, but not both of them, to continue gainful employment at a rate per child per week as determined under rules established by the board;
     (f) funeral and burial expenses for death caused by the criminally injurious conduct, subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
     (g) loss of support to the dependent or dependents not otherwise compensated for a pecuniary loss for personal injury, for as long as the dependence would have existed had the victim survived, at a rate not to exceed 66-2/3% of the person's weekly salary or wages or the maximum amount allowed under the state workers' compensation statute, whichever is less;
     (h) personal property necessary and essential to the health or safety of the victim as defined by rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act; and
     (i) medical examinations as defined in Section 63-25a-402, subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, which may allow for exemptions from Sections 63-25a-409, 63-25a-412, and 63-25a-413.
     (5) If a Utah resident suffers injury or death as a result of criminally injurious conduct inflicted in a state, territory, or country that does not provide a reciprocal crime victims' compensation program, the Utah resident has the same rights under this chapter as if the injurious conduct occurred in this state.
     (6) An award of reparations shall not exceed $25,000 in the aggregate unless the victim is entitled to proceeds in excess of that amount as provided in Subsection 77-38a-403(2). However, reparations for actual medical expenses incurred as a result of homicide, attempted homicide,

aggravated assault, or DUI offenses, may be awarded up to $50,000 in the aggregate.

Amended by Chapter 256, 2002 General Session
Amended by Chapter 35, 2002 General Session