California Victim Compensation and Government Claims Board

Index of Precedent Decisions

ATTORNEY'S FEES

Pro-per applicant who is also an attorney not entitled to attorney's fees

  • Precedent Decision 98-01, adopted 10/20/98

BURDEN OF PROOF

Approval may be based on crime other than that identified in the application

  • Precedent Decision No. 01-01, adopted 7/13/01

Series of crimes or suspicious circumstances

  • Precedent Decision No. 01-01, adopted 7/13/01

Applicant's failure to testify a bar to program eligibility

  • Precedent Decision No. 01-03, adopted 8/10/01

Evidence of a crime requires more than unsubstantiated reports

  • Precedent Decision No 02-01, adopted 10/25/02

Exposure to methamphetamines in utero with proof of threat of injury

  • Precedent Decision No. 01-10, adopted 11/15/01

Exposure to methamphetamines in utero absent proof of injury

  • Precedent Decision No 03-01, adopted 03/20/03

Reimbursement of chiropractic expenses

  • Precedent Decision No. 04-01, adopted 2/27/04

Board bears burden of proving failure to cooperate with law enforcement

  • Precedent Decision No.01-04, adopted 8/10/01


COOPERATION WITH LAW ENFORCEMENT

Insufficient evidence of failure to cooperate with law enforcement

  • Precedent Decision No.01-04, adopted 8/10/01

Barriers to cooperation with Law Enforcement

  • Precedent Decision 01-08, adopted 10/19/01

Victim's medical condition balanced against refusal to answer law enforcement questions

  • Precedent Decision No.01-04, adopted 8/10/01

Victim's failure to cooperate with law enforcement is a bar to program eligibility

  • Precedent Decision No. 01-06, adopted 10/19/01

Parent's duty to make children available for questioning

  • Precedent Decision No. 01-05, adopted 9/28/01


DERIVATIVE VICTIM

Grandmother living in the household of minor victim

  • Precedent Decision No. 02-02, adopted 10/25/02

IN-HOME CARE

Reimbursement of in-home care services requires proof of necessity

  • Precedent Decision 04-02, adopted 04/23/04

INVOLVEMENT IN THE EVENTS LEADING TO THE CRIME

Sober passenger unaware that driver was under the influence

  • Precedent Decision No. 01-07, adopted 10/19/01

Victim involved in selling drugs at the time of the crime

  • Precedent Decision No. 01-09, adopted 10/19/01


LATE APPLICATION

Lack of knowledge does not constitute good cause for filing a late application.

  • Precedent Decision No. 04-04, adopted 05/14/04


MENTAL HEALTH REIMBURSEMENT

Reimbursement of psychological evaluation ordered by family law court not an eligible expense

  • Precedent Decision No. 03-03, adopted 10/24/03

Derivative victim's mental health treatment must be directly related to the qualifying crime

  • Precedent Decision 03-04, adopted 10/24/03


PECUNIARY LOSS

Pecuniary loss must be a direct result of the crime

  • Precedent Decision No. 01-10, adopted 11/15/01

Reimbursement requires that treatment be medically necessary

  • Precedent Decision No. 04-01, adopted 2/27/04


QUALIFYING CRIME

Motor vehicle accident & reckless driving

  • Precedent Decision No. 01-02, adopted 7/13/01

Approval may be based on crime other than that identified in the application

  • Precedent Decision No. 01-01, adopted 7/13/01

Exposure to methamphetamines in utero absent proof of injury

  • Precedent Decision No. 03-01, adopted 3/20/03

Exposure to methamphetamines in utero - threat of physical injury

  • Precedent Decision No. 01-10, adopted 11/15/01



REIMBURSEMENT SOURCE

Blocked Trusts

  • Precedent Decision 03-05, adopted 11-21-03

RELOCATION REIMBURSEMENT

Relocation expenses not to be used for home deposit

  • Precedent Decision No. 03-02, adopted 10/24/03

Relocation expenses must be directly related to the qualifying crime

  • Precedent Decision 04/03, adopted 4-23-04



VICTIM

Exposure to methamphetamines in utero - threat of physical injury

  • Precedent Decision No. 01-10, adopted 11/15/01

Exposure to methamphetamines in utero - absent proof of injury

  • Precedent Decision No 03-01, adopted 03/20/03