SECTION 185:10-1-6. Maximum compensation amounts and methods of payment

(a)   Compensation payable to a victim or claimant sustaining economic loss due to injury or death may not exceed the statutory limit.

(b)   Compensation for work loss, replacement services loss, dependents economic loss and dependents replacement services loss may not exceed the statutory limit.

(c)   The Board or administrator may provide for the payment to a claimant in a lump sum or in installments.

(d)   Upon request of the claimant, the Board or administrator may convert future economic loss, other than allowable expense, to a lump sum, but only upon a finding by the Board, or administrator that the award in a lump sum will promote the interest of the claimant.

(e)   An award payable in installments for future economic loss may be made only for a period that the Board can reasonably determine future economic loss and may be modified by the Board provided there is a finding that a significant change in circumstances has occurred.

(f)   The Board may review claims in the order in which they appear on the docket. Claim payments will be made in the same manner. Once the Crime Victims Compensation Fund has been depleted, all remaining claims on the docket may be continued and placed on the next docket when funds become available.

(g)   Mental health treatment for the victim is a compensable loss. The Board may, at any time, refer a claim to the Mental Health Review Panel for review and advice regarding length and relevance of treatment being provided, and whether the treatment was as a direct result of the crime. Panel members agree to provide this service to the Board at no cost. Panel members may create documents to assist them in their review of the claims with the guidance and support of the Victims Compensation division staff. After the Mental Health Review Panel reports their findings, the claim will be set on a future Board docket for review and decision.

(h)   When a person files a claim, all health care providers that have been given notice of a pending claim, shall refrain from all debt collection activities relating to medical treatment received by the person in connection with such claim until an award is made on the claim or until a claim is determined to be noncompensable pursuant to the provisions of this act. The statute of limitations for collection of such debt shall be tolled during the period in which the applicable health care provider is required to refrain from debt collection activities under this subsection. For the purposes of this section, debt collection activities means repeatedly calling or writing to the claimant and threatening either to turn the matter over to a debt collection agency or to an attorney for collection, enforcement, or filing of other process. The term shall not include routine billing about the status of the claim. This requirement will pertain to all claims pending and all claims filed after the time of the enactment of 21 OS 142.9 H.

[Source: Amended at 11 Ok Reg 1157, eff 2-28-94; Amended at 22 Ok Reg 1064, eff 5-26-05; Amended at 25 Ok Reg 1900, eff 6-26-08]