§ 15-23-12 — When Compensation Not Awarded, Diminished, Etc.; Reconsideration of Award

(a) Compensation shall not be awarded in any of the following circumstances:
(1) A claim has been filed with the commission later than one year after the injury or death upon which the claim is based, unless the commission finds there was good cause for the failure to file within that time.
(2) To a claimant who was the offender, or an accomplice of the offender, or who encouraged or in any way participated in the criminally injurious conduct.
(3) If the award would unjustly benefit the offender or accomplice of the offender.
(4) The criminally injurious conduct resulting in injury or death was reported to a law enforcement officer later than 72 hours after its occurrence, unless the commission finds there was good cause for the failure to report within that time.
(b) Compensation otherwise payable to a claimant may be diminished or denied to the extent that the economic loss is recouped from collateral sources; or to the extent that the degree of responsibility for the cause of the injury or death is attributable to the victim as determined by the commission.
(c) The commission, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, may deny, withdraw, or reduce an award of compensation.
(d) The commission, on its own motion or on request of the claimant, may reconsider a decision granting or denying an award or determining its amount. An order on reconsideration of an award shall not require a refund of amounts previously paid, unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a commission decision for the purpose of judicial review.

Legislative History

(Acts 1984, No. 84-658, p. 1308, §12; Acts 1990, No. 90-470, p. 677, §3; Acts 1995, No. 95-494, p. 994, §2; Act 98-492, p. 945, §1.)