ORS 147.125 Determining amount of compensation; deduction of other benefits

In determining the amount of compensation for which an applicant is eligible, the Department of Justice shall consider the facts stated on the application filed pursuant to ORS 147.105, and:

Need not consider whether or not the alleged assailant has been apprehended or brought to trial or the result of any criminal proceedings against that person;

Shall determine the amount of the loss to the applicant and, in the case of a deceased victim, of the victim’s survivors or dependents as determined under ORS 147.035;

Except as provided in paragraph (d) of this subsection, shall deduct the amount of benefits, payments or awards that are payable under the Workers’ Compensation Law, from local governmental, state or federal funds or from any source, and that the victim or survivors or dependents of the victim have received or to which the victim or survivors or dependents of the victim are entitled as a result of the death or injury of the victim;

Shall not deduct the amount of proceeds from life insurance or contributions from the community that the survivors or dependents of the victim have received or to which the survivors or dependents of the victim are entitled as a result of the death of the victim;

Shall consider the amount of money available for victim compensation awards as provided in the current biennial department budget approved by the Legislative Assembly or the Emergency Board, and the anticipated claims against that money; and

Shall award the resultant amount to the applicant as provided in ORS 147.165.

In determining the amount of an award to be made to an applicant, the department may consider the number and type of claims filed and anticipated to be filed with the department during the current biennial budget period. If the department determines that insufficient funds will be available during the current biennial budget period to pay all filed and anticipated awards, it may prioritize claims or prorate awards based upon the anticipated available funds. The department’s decision to prioritize or prorate claims or awards is not subject to administrative or judicial review, including review under ORS 147.155.