49.390 Reduction of award -- Basis of denial, reconsideration, or reduction of

173 words·~1 min read·/ky/49-390

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

award.

(1)Any award made pursuant to KRS 49.270 to 49.490 shall be reduced by the amount

of any payments received or to be received by the claimant as a result of the injury

from the following sources:

(a)From or on behalf of the person who committed the crime;

(b)Under insurance programs mandated by law;

(c)From public funds;

(d)Under any contract of insurance wherein the claimant is the insured or

beneficiary;

(e)As an emergency award pursuant to KRS 49.360; and

(f)From donations made on behalf of the victim or claimant toward expenses

incurred as a result of the crime.

(2)The board may deny, reconsider, or reduce an award if the board finds that, in

relation to the criminally injurious conduct alleged in the claim, the victim or

claimant:

(a)Has been charged with a criminal offense;

(b)Has been offered immunity from prosecution in exchange for testimony;

(c)Knowingly participated in the conduct; or

(d)Engaged in conduct which may constitute mutual aggression with another

person.