80 Neb. Admin. Code, ch. 3, § 003 - Award of Compensation
Compensation, if allowed, will be awarded pursuant to the following limitations:
003.01 - Any award for medical, mental health counseling, hospital, medical equipment, or pharmaceutical expenses actually and reasonably incurred will be limited to actual costs for necessary services rendered by a licensed medical, mental health, hospital, pharmaceutical facility, or individual as related to the incident which caused the injury or death of the victim. No private room rates are allowed. Compensation for mental health counseling will not be awarded in excess of the amount provided in the Annual Rate Schedule as set by the Committee.
003.02 - Any awards for loss of earning power will be limited to cases where total or partial disability is proven and where proof of actual and reasonable rehabilitative services is presented.
003.03 - A pecuniary loss award to a surviving dependent shall be considered as one application and in no event shall any award exceed the maximum stated in the Act and Title 80.
003.04 - Lost wages will be paid only to a victim, or to a claimant who is responsible for the maintenance of the victim, who is employed at the time of the incident. In addition, lost wages will only be paid for the period the victim or claimant is unable to work due to the victim's injuries as a direct result of the incident. Time unable to work due to the victim's injuries will be determined by a doctor's release as certified by a licensed medical provider. No such award shall exceed the average weekly wage for all persons covered by the Nebraska Workers' Compensation Act. Short- and Long-Term Disability payments, Paid FMLA, and/or unemployment payments will be subtracted from final calculations of lost wages, and the difference shall be considered.
003.05 - Any claim containing a combination of two or more compensable damages listed herein will not be awarded in excess of the limitation contained in Neb.Rev.Stat. § 81-1823.
003.06 - In the case of death of the victim, funeral and burial expenses incurred by an eligible applicant will not be awarded in excess of the amount provided in the Annual Rate Schedule as set by the Committee. Alcohol expenses are not reimbursable.
003.07 - Compensation for mental health counseling will be considered on a case- by- case basis for minor children as secondary victims of compensable crimes. Claims for compensation for mental health counseling for the victim's minor children must be received by the Crime Victim's Reparations program in accordance with Nebraska Revised Statute §80-1821 regarding timelines for CVR application for minor individuals.
003.08 - Reasonable expenses incurred for the cleaning of a residential crime scene will not be awarded in excess of the amount provided in the Annual Rate Schedule as set by the Committee.
003.09 - Direct Medical Provider Compensation will not be awarded in excess of the Annual Rate Schedule set by the Committee. Acceptance of payment for medical expenses from the Committee shall be considered acceptance of payment in full and bars any legal action against the victim for collection.
003.09A - Medical providers directly applying to CVR are required to inform victims that additional expenses directly related to the incident such as loss of wage, dental expenses, prescription expenses, mental health expenses, and any other additional medical expenses shall be considered by the CVR Program and medical providers are obligated to provide CVR contact information to the victim and/or claimant.
003.09B - The only compensable crimes to be eligible for direct medical reimbursement are sexual assault, domestic assault, sex trafficking, or child abuse per Nebraska Revised Statute § 81-1807.
003.10 - If sufficient funds are not available, the Committee or Hearing Officer may order a partial payment on a claim. If funds do not become available within two years, the Committee or Hearing Officer may defer payment on the remainder of the claim and close the file without prejudice. The Committee or Hearing Officer, in determining the amount of compensation payable on an eligible claim, may consider the following factors in determining the amount and date of payment:
003.10A - Rate and amount of compensation payable for injuries and death under other laws of this state and of the United States;
003.10B - The availability of funds appropriated for the purpose of the Act.
Notes
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Compensation, if allowed, will be awarded pursuant to the following limitations:
003.01 - Any award for medical, mental health counseling, hospital, medical equipment, or pharmaceutical expenses actually and reasonably incurred will be limited to actual costs for necessary services rendered by a licensed medical, mental health, hospital, pharmaceutical facility, or individual as related to the incident which caused the injury or death of the victim. No private room rates are allowed. Compensation for mental health counseling will not be awarded in excess of the amount provided in the Annual Rate Schedule as set by the Committee .
003.02 - Any awards for loss of earning power will be limited to cases where total or partial disability is proven and where proof of actual and reasonable rehabilitative services is presented.
003.03 - A pecuniary loss award to a surviving dependent shall be considered as one application and in no event shall any award exceed the maximum stated in the Act and Title 80.
003.04 - Lost wages will be paid only to a victim, or to a claimant who is responsible for the maintenance of the victim, who is employed at the time of the incident. In addition, lost wages will only be paid for the period the victim or claimant is unable to work due to the victim's injuries as a direct result of the incident. Time unable to work due to the victim's injuries will be determined by a doctor's release as certified by a licensed medical provider. No such award shall exceed the average weekly wage for all persons covered by the Nebraska Workers' Compensation Act. Short- and Long-Term Disability payments, Paid FMLA, and/or unemployment payments will be subtracted from final calculations of lost wages, and the difference shall be considered.
003.05 - Any claim containing a combination of two or more compensable damages listed herein will not be awarded in excess of the limitation contained in Neb.Rev.Stat. § 81-1823.
003.06 - In the case of death of the victim, funeral and burial expenses incurred by an eligible applicant will not be awarded in excess of the amount provided in the Annual Rate Schedule as set by the Committee . Alcohol expenses are not reimbursable.
003.07 - Compensation for mental health counseling will be considered on a case - by- case basis for minor children as secondary victims of compensable crimes. Claims for compensation for mental health counseling for the victim's minor children must be received by the Crime Victim's Reparations program in accordance with Nebraska Revised Statute §80-1821 regarding timelines for CVR application for minor individuals.
003.08 - Reasonable expenses incurred for the cleaning of a residential crime scene will not be awarded in excess of the amount provided in the Annual Rate Schedule as set by the Committee .
003.09 - Direct Medical Provider Compensation will not be awarded in excess of the Annual Rate Schedule set by the Committee . Acceptance of payment for medical expenses from the Committee shall be considered acceptance of payment in full and bars any legal action against the victim for collection.
003.09A - Medical providers directly applying to CVR are required to inform victims that additional expenses directly related to the incident such as loss of wage, dental expenses, prescription expenses, mental health expenses, and any other additional medical expenses shall be considered by the CVR Program and medical providers are obligated to provide CVR contact information to the victim and/or claimant.
003.09B - The only compensable crimes to be eligible for direct medical reimbursement are sexual assault, domestic assault, sex trafficking, or child abuse per Nebraska Revised Statute § 81-1807.
003.10 - If sufficient funds are not available, the Committee or Hearing Officer may order a partial payment on a claim. If funds do not become available within two years, the Committee or Hearing Officer may defer payment on the remainder of the claim and close the file without prejudice. The Committee or Hearing Officer, in determining the amount of compensation payable on an eligible claim, may consider the following factors in determining the amount and date of payment:
003.10A - Rate and amount of compensation payable for injuries and death under other laws of this state and of the United States;
003.10B - The availability of funds appropriated for the purpose of the Act.