CRIME VICTIMS COMPENSATION
Burden of proof-injury resulting in death
When an injury results in the death of a crime victim, RCW 7.68.070(3) requires that beneficiaries' evidence must give rise to only an initial inference that the death was due to an injury received as a result of a crime. Additional proof is not required of the beneficiary unless the Department presents evidence that, if unrebutted, creates a reasonable inference that the victim was attempting to commit or committing a felony when fatally injured. …TRJ 99 C0080 (2001) [dissent]
Limitation of benefits for felony conviction of the victim (RCW 7.68.070(19))
RCW 7.68.070(19) limits benefits to victims who have been convicted of certain crimes before or after applying for Crime Victims' benefits and have not completely satisfied all legal obligations owed prior to applying for the benefits. Unpaid legal financial obligations incurred after applying for benefits does not defeat eligibility under the plain meaning of the statute. ….Anthony Sakellis, 10 C1058 (2011)
Temporary total disability benefits
The victim of a criminal act who is not employed at the time of the criminal act is not entitled to temporary total disability benefits. RCW 7.68.070(3). The date the criminal act occurred that gave rise to benefits is the date used to determine eligibility for temporary total disability benefits, not the date the crime is reported to law enforcement officials or the date that the memory of the criminal act is recovered. ....Caitlin Thomas, 94 C096 (1995)[dissent]