§351-33  Award of compensation.  The commission may order the payment of compensation under this part for:

     (1)  Expenses actually and reasonably incurred during the period of the injury or death of the victim;

     (2)  Loss to the victim of earning power as a result of total or partial incapacity;

     (3)  Pecuniary loss to the dependents of the deceased victim;

     (4)  Pain and suffering to the victim;

     (5)  Any other pecuniary loss directly resulting from the injury or death of the victim that the commission determines to be reasonable and proper;

     (6)  Expenses actually and reasonably incurred for mental health services in the case of a mass casualty incident;

     (7)  Expenses actually and reasonably incurred for mental health services to or for the benefit of the surviving relatives in the case of a deceased victim; and

     (8)  Expenses actually and reasonably incurred for mental health services for a child witness in the case of a crime of abuse of family or household member. [L 1967, c 226, pt of §1; HRS §351-33; am L 1995, c 182, §4; am L 1998, c 240, §5; am L 2000, c 57, §5; am L 2019, c 237, §2]

Case Notes

  Defendant's argument that a crime victim who received indemnification from an insurer did not suffer a "loss" within the meaning of §706-646 was without merit; the only exception for or reduction of restitution plainly stated in §706-646 is that any amount actually recovered by the victim from the criminal should be deducted from the amount the victim might recover from the crime victim compensation special fund pursuant to this section.  121 H. 135 (App.), 214 P.3d 1125 (2009).