Cases | Williams v. Criminal Injuries Comp. Bd., 516 A.2d 573 (Md. 1986) | 2018
As a result of a criminal assault, the victim was blinded in one eye. He was awarded $2,139.23 for unreimbursed medical expenses and $398.97 for two weeks and three days worth of temporary total disability, representing lost time from work, after a hearing by the Criminal Injuries Compensation Board (Board). However, the Board did not make an award for the victim’s permanent partial disability for the loss of his eye because he returned to work with no reduction in earnings; therefore, he did not have a serious financial hardship as is required by Section 12(f) of the statute for an award for permanent partial disability. On appeal to the circuit court, the victim argued that he had made a showing of serious financial hardship required under section 12(f)(1) and that this showing need not be separately demonstrated as to his claim for permanent partial disability under section 12(b). The circuit court affirmed the Board’s order, and the intermediate court affirmed the circuit court’s judgment, holding that the statute mandates a denial of an award in cases where the victim does not suffer serious financial hardship as a result of the criminal activity. The Court of Appeals noted that a crime victim who sustains a permanent partial disability, no matter how grievous, but who does not satisfy the minimum eligibility requirements would in no event be eligible for compensation benefits. It held that the Board properly limited its award to amounts which did not exceed the victim’s out-of-pocket expenses and lost earnings. The judgment was affirmed.