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Abner J Mikva — Part 2
Page 64
64 / 99
6
(7) his application. for compensation under this Act
is filed with the Commission within twelve months of the
date ‘of the injury to the victim or within. such further
extension of time as the Commission, for good. cause
shown, allows.
Sec. 6. Pecuniary loss to an. applicant under this Act:
resulting from. injury or death to a victimn includes, in the
casé of injury, medical expenses ‘(including psychiatric
care), hospital expenses, loss of earnings, loss of future earn-
‘ings. because of a disability resulting from the injury, and
other expenses actually and necessarily incurred as a, result
of the injury and, in addition’ in the case of death, funeral
and burial expenses and loss of support to the dependents of
the victim. Loss of earnings, loss of future earnings, and loss
of support shall be determined on the basis of the victim’s
average monthly earnings for the six. months immediately
preceding the date of the injury or on. $500 per month,
whichever is less. Nothing in this section shall be construed to
authorize the making of child support payments for the bene~-
fit of:a child conceived as a result of the rape’ of its mother.
~ Pain. and suffering shall not be considered in determining .
pecuniary loss. Pecuniary loss does not include property
4
damage.
Sec. 7, (a) An applicant for compensation under this
Act must file with the Commission an application, under
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15
resultant amount or $10,000, whichever is less, to the
applicant or, if: the victim is deceased, to be apportioned
among the persons who were dependent on him for
their support’ at: the time of the perpetration of the
crime or attempted crime on which the application. is
based. )
(b) An award. to persons other. than the victim shall.
be based on the Commission’s findings and order under
section 12(a), and an offer of an award of compensation
to such persons shall be based, on like determinations made
by the examiner, reviewer and. chairman. on the basis of
facts, stated in the application. for compensation.
Sec. 12. (a) At the conclusion of a hearing held under
this Act, the Commission shall enter an order stating. (47 its
findings of fact, (2) its decision as to whether or not com-
pensation. is due under this Act, (3) the amount of compen-
sation, if any, which is due under this Act, determined as
provided in section 11, (4) whether’ disbursement: of the
compensation awarded is to be made in.a lump sum or it
periodic payments, and (5) the person or persons to whom
the compensation should be paid. The Commission may order
‘temporary payments to be made pending its determination
of the total amount: of compensation due under this Act.
(b) If the Commission finds, in. the case of an applica-
tion made by a person dependent for his support on a de-
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