63M-7-511 - Compensable losses and amounts.
63M-7-511. 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 underthe 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 underthis part; and
(4) the claim is for an allowable expense incurred by the victim, as follows:
(a) reasonable and necessary charges incurred for products, services, andaccommodations;
(b) inpatient and outpatient medical treatment and physical therapy, subject to rulespromulgated by the board pursuant to Title 63G, Chapter 3, Utah Administrative RulemakingAct;
(c) mental health counseling which:
(i) is set forth in a mental health treatment plan which has been approved prior to anypayment by a reparations officer; and
(ii) qualifies within any further rules promulgated by the board pursuant to Title 63G,Chapter 3, Utah Administrative Rulemaking Act;
(d) actual loss of past earnings and anticipated loss of future earnings because of a deathor disability resulting from the personal injury at a rate not to exceed 66-2/3% of the person'sweekly 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 rulesestablished 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 63G, Chapter 3, Utah AdministrativeRulemaking Act;
(g) loss of support to the dependent or dependents not otherwise compensated for apecuniary loss for personal injury, for as long as the dependence would have existed had thevictim survived, at a rate not to exceed 66-2/3% of the person's weekly salary or wages or themaximum 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 asdefined by rules promulgated by the board pursuant to Title 63G, Chapter 3, Utah AdministrativeRulemaking Act; and
(i) medical examinations as defined in Section 63M-7-502, subject to rules promulgatedby the board pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which mayallow for exemptions from Sections 63M-7-509, 63M-7-512, and 63M-7-513.
Amended by Chapter 339, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session