In re Application of DARNELL MALONE
Case summary
Claimant sought compensation for medical bills under the Crime Victim's Compensation Act, but the court denied the claim because the bills had been discharged in bankruptcy and claimant failed to prove any nondischarged bills.
Statutes cited: 740 ILCS 45/1 et seq; 740 ILCS 45/2; 740 ILCS 45/6 1; 740 ILCS 45/10 1(e)
Cases cited: Larsen v State of Illinois, 52 Ill. Ct. Cl. 644 (2000); In re Application of DeBartolo, 36 Ill. App. Ct. 442 (1982); In re Application of Carmody, 36 Ill. Ct. Cl. 486 (1983)
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- Crime Victims Compensation - Practice and Procedure - Elements - In order to prevail on application under the Crime Victim’s Compensation Act, a Claimant must establish that he/she (1) is a victim of crime as enumerated under §2(c) of the Act, (2) fulfill the conditions of §45/6 1 of the Act, and (3) suffered damages proximately caused from the crime. Claimant bears the burden of proving his case by a preponderance of the evidence.
- Crime Victims Compensation - Awards - Medical Expenses discharged by bankruptcy denied - There is no justification to award a victim for medical expenses if those expenses were discharged by bankruptcy.
ORDER
SPRAGUE, J. Claimant filed his application under the Crime Victim’s Compensation Act, (740 ILCS 45/1 et seq), on September 24, 1997. The Court of Claims denied the application on September 29, 1998. Claimant filed a motion to reconsider the September 29, 1998 order of the Court. The Court granted the motion to reconsider and issued an award on July 28, 2000. In the July 28, 2000 order the Court denied certain medical bills due to the fact that the medical bills had been discharged in a personal bankruptcy filed by Claimant. Claimant sought another re-hearing on the matter on April 29, 2005. On August 10, 2005 the Court denied the request to re-open. On August 29, 2005 Claimant filed a request to appeal. The Court issued an order to refer the matter to Commissioner Ysursa for the request to appeal. On February 23, 2007 hearing took place before Commissioner Ysursa. Claimant appeared pro se and Assistant Attorney General Hillary Johns represented the State of Illinois.
[*397] In order to prevail on application under the Crime Victim’s Compensation Act, a Claimant must establish that he/she (1) is a victim of crime as enumerated under §2(c) of the Act, (740 ILCS 45/2), (2) fulfill the conditions of §45/6 1 of the Act, (740 ILCS 45/6 1), and (3) suffered damages proximately caused from the crime, (Larsen v State of Illinois, 52 Ill. Ct. Cl. 644 (2000) Claimant bears the burden of proving his case by a preponderance of the evidence. In re Application of DeBartolo, 36 Ill. App. Ct. 442 (1982).
The focus of Claimant’s request to appeal was the denial of certain medical bills that had been discharged in bankruptcy. Claimant disputed that due to his bankruptcy he should denied him from being compensated under the Act and stated that some bills were not discharged. The Attorney General’s office argued that pursuant to §10 1(e) of the Act, (740 ILCS 45/10 1(e)), the bankruptcy warrants a denial of the claim. Per §10 1(e) of the Act, (740 ILCS 45/10 1(e)), if medical bills have not been paid then the Claimant is not entitled to recovery In re Application of Carmody, 36 Ill. Ct. Cl. 486 (1983). This is especially true when the bills have been discharged in bankruptcy. Claimant’s argument that the certain bills have not been discharged in bankruptcy fails because he has not presented evidence at the hearing of these alleged nondischarged bills. Claimant has failed to meet its burden on those bills.
It must be noted that Claimant has sent numerous letters to the Court and Commissioner Ysursa after the February 23, 2007 hearing. While these items normally are not considered, as they were not presented at the hearing, even considering these submissions, Claimant has failed to meet his burden that he has compensable bills under the Act.
IT IS HEREBY ORDERED that Claimant’s claim is denied.