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ALAN L. FRIEDMAN v. COMMONWEALTH PENNSYLVANIA (05/28/87)

decided: May 28, 1987.

ALAN L. FRIEDMAN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, CRIME VICTIM'S COMPENSATION BOARD, RESPONDENT



Appeal from the Order of the Pennsylvania Crime Victim's Compensation Board in case of In Re: Claim of Alan L. Friedman; Victim: Donna Friedman, Claim No. 84-1425-D.

COUNSEL

Michael Yanoff, Dischell, Bartle, Yanoff & Dooley, for petitioner.

Linda C. Smith, Acting Chief Counsel, Department of Aging, for respondent.

Judges Colins and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 106 Pa. Commw. Page 346]

Alan L. Friedman (claimant) appeals an order of the Pennsylvania Crime Victim's Compensation Board (Board) denying his claim for out-of-pocket expenses incurred as a result of the death of his wife.

On June 12, 1985, claimant submitted a claim with the Board pursuant to Sections 477-479.5 of The Administrative Code of 1929 (Code), Act of April 9, 1929, P.L. 177, as amended, added by Section 2 of the Act of July 9, 1976, P.L. 574, as amended, 71 P.S. §§ 180-7.4

[ 106 Pa. Commw. Page 347]

-- 180-7.18, seeking reimbursement of approximately $20,000 of funeral and housekeeping/child care expenses*fn1 incurred as a result of his wife's murder. Upon consideration of solely documentary evidence, the Board denied the claim for compensation on August 7, 1985, and reaffirmed its decision by letter dated September 12, 1985. Upon claimant's request, the matter proceeded to a hearing before a Board member. This Board member issued a report and recommendation in which he found as fact that claimant had become eligible to receive a total of $101,631*fn2 in social security benefits, the bulk of which accrued on behalf of his two young sons. Concluding that claimant's anticipated social security reimbursement exceeded his losses, the Board member denied compensation, pursuant to Section 477.9(e) of the Code, which provides in pertinent part:

Except for any payments or proceeds that are specifically denominated as compensation for dismemberment . . . any award made pursuant to this act shall be reduced by the amount of any payments received or to be received by the claimant as the result of the injury . . . (ii) under any insurance programs including those mandated by law, (iii) under any contract of insurance

[ 106 Pa. Commw. Page 348]

    wherein the claimant is the insured beneficiary, (iv) ...


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