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The Board may make one or more supplemental awards for the purpose of
providing rehabilitative assistance and services to catastrophically injured
crime victims determined eligible for compensation within provisions set by
this section, notwithstanding the fact that said payments may, in the
aggregate, exceed the statutory maximum award as provided by N.J.A.C.
13:75-1.7(g).
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catastrophically injured crime victim who received a compensation award prior
to July 15, 1999 is eligible for supplemental compensation as provided in
this section.
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Compensation under this section may be awarded in lump sum or periodic
payments, however, any compensation awarded shall not exceed the actual cost
of the rehabilitative service(s) enumerated in (c) below.
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Compensation under this section shall be awarded solely for rehabilitative
services which are those services restorative in nature commensurate with the
medical needs of the victim and prescribed by a licensed medical provider to
correct or substantially modify a crime related physical or mental condition
which is a significant impediment to the victim's
ability to interact with others and carry on the victim's
normal functions of life.
i. The
rehabilitative service must be reasonably expected to eliminate or reduce such
impediment and to promote or facilitate the accomplishment of long term
rehabilitation goals and intermediate rehabilitation objectives.
ii.
Expenses incurred in an Emergency Room or medical facility where remedial,
acute and recuperative care is required immediately subsequent to or shortly
after the crime victimization forming the basis of a claim for compensation
before the Board, unless shown to be a rehabilitative service as defined in
this section, are excluded from supplemental catastrophic compensation even
though the victim may have been determined to be a catastrophically injured
crime victim.
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Compensation for rehabilitative services includes those services not covered
by other sources as defined by N.J.A.C. 13:75-1.19.
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denial of an application for compensation made pursuant to this section shall
not be subject to appeal.
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burden of proof is upon the victim and/or claimant to prove and establish, by
a preponderance of the credible evidence, eligibility for compensation as a
catastrophically injured crime victim. Speculation and conjecture as to a
potential increase in disability, mere loss of earnings, cumulative injuries
minor in nature and, among other things, subjective statements of the victim
without a demonstration of catastrophic injury by way of objective medical
evidence and professional medical analysis is not sufficient to meet the
burden of proof.
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Board may order the examination of an injured victim and a report, thereon,
from an impartial medical expert, if necessary, prior to a determination of
eligibility under this section and periodically, as it deems appropriate, for
the continued award of compensation to a catastrophically injured crime
victim.
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the victim and/or claimant shall annually submit in writing a request to the
Board for continuance of catastrophic compensation together with a report
demonstrating objective medical evidence and professional medical analysis of
catastrophic crime related injury. The expense incurred in securing said
report shall be reimbursed by the Board as if prepared by an impartial medical
expert.
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catastrophically injured crime victim is a person who has sustained a severe
long term or life long personal injury as a direct result of the offenses
specified as compensable pursuant to N.J.S.A 52:4B-11. Supplemental
catastrophic crime victim compensation to secondary victims as defined by
N.J.A.C. 13:75-1.28 is excluded.
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determining whether the personal injury is catastrophic so as to be eligible
for compensation under this section, the Board shall take into consideration
all of the following factors:
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whether the victim has suffered significant and sustained reduction in the
former function of mental and physical abilities which dramatically alters
the victim's ability
to interact with others and to carry on the normal functions of life;
- whether there has been a lessening to a material degree of a
victim's working
ability;
- whether there has been a physical or neurophysical impairment where no
fundamental or marked improvement in the victim's
crime related condition can be reasonably expected;
- the severity and debilitating nature of the personal injury including,
but not limited to, conditions such as quadraplegia, paraplegia, loss of sight
in both eyes, loss of hearing in both ears and amputation of a major portion
of an extremity;
- whether the injury is permanent or long term.
vi.
whether an extreme medical risk exist which substantially increases functional
impairment or risk of death if the medical services are not provided
expeditiously.
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Where a victim is receiving benefits as a result of being determined
permanently disabled pursuant to the provisions of 42 U.S.C. 1381, et. seq. as
a result of a crime forming the basis of an application for crime victim
compensation before the Board, there will a presumption that said victim is a
catastrophically injured crime victim. However, the victim shall submit to
the Board a copy of the determination of permanent disability of the Social
Security Administration and supportive medical documentation.
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Board shall award compensation not to exceed the monetary cap established in
this section and in (e) below where it deems the rehabilitative service(s) to be
reasonable and [necessary] medically necessary as evidenced by written
prescription for the service by a provider of medical service(s) licensed in
this state or in a foreign state where the victim might receive the service(s).
In determining the amounts of compensation the Board and the provider of medical
service(s) shall be guided by the maximum rates and service limitations for
reimbursement for medical and medical related expenses established by the Board
pursuant to N.J.S.A. 52:4B-9. Compensation for loss of earning, loss of
support, property damage, living expenses such as food, shelter and clothing
necessitated by the victim's
medical condition, expenses incurred for vocational training services and
continuing education in educational institutions and pain and suffering is
excluded. Services for which compensation may be awarded include, but are not
limited to, the following:
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Surgical and therapeutic procedures;
- Rehabilitative physical and occupational therapy designed to restore an
optimum function level; however, the Board shall award no compensation for
chiropractic services for a period of greater than 90 visitations for treatments
and visits. Where a direct catastrophic victim has been compensated for or
attended more than 90 such visitations as of the date that victim has been
determined eligible for catastrophic compensation, the Board shall award no
compensation for chiropractic services for an additional period greater than 30
sessions.
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