Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 76 - CRIME VICTIMS' COMPENSATION
Section 137-076-0037 - Payment of Catastrophic Injury Claims
Current through Register Vol. 63, No. 3, March 1, 2024
(1) For the purpose of ORS 147.035(11), a victim has suffered a catastrophic injury if the victim is eligible for an award of compensation under 147.005 to 147.367 and has sustained a severe and debilitating long term or lifelong personal injury as a direct result of the compensable crime.
(2) In order to be eligible for catastrophic injury compensation, the victim also must satisfy the following criteria:
(3) In determining whether the victim has suffered a catastrophic injury, the Department may also consider the following factors:
(4) If the Department determines the victim's injuries to be catastrophic in nature and that determination does not change upon reevaluation pursuant to OAR 137-076-0037(5) or 137-076-0037(6), then compensation payments under this rule will continue until payments reach the full amount of compensation awarded by the Department or the victim requests closure of the claim.
(5) The burden of proof is on the applicant to establish eligibility as a catastrophically injured crime victim for the award of compensation and the continuation of compensation payments under this rule. Speculation and conjecture as to the following are not sufficient to meet the burden of proof:
(6) At the Department's discretion, the Department may periodically order a medical examination of the victim and a report concerning the victim's injury, performed by an impartial Medical Practitioner. The purpose of this discretionary medical examination is to reaffirm or verify the victim's continued eligibility for benefits and payments under this rule.
(7) Once compensation has been granted pursuant to this rule, the Department may at any time, at its discretion, request information from the victim relevant to the victim's continuing eligibility under this rule.
(8) If the victim ceases to meet the criteria for catastrophic, the victim shall immediately notify the Department.
Publications: Publications referenced are available from the agency.
Stat. Auth.: ORS 147.035(12) & 147.205
Stats. Implemented: ORS 147.035(11), (12)