Board Reverses Precedent Decision 04-04

The California Victim Compensation and Government Claims Board reversed Precedent Decision 04-04 at the Board’s monthly meeting on August 23, 2007. The reversal effectively increases the ability of victims to file for compensation beyond the statutory limit.

Government Code Section 13953 states, in summary, that the Board may accept a late-filed application when there is good cause for the late filing. Under Precedent Decision 04-04, a lack of knowledge about the Victim Compensation Program (VCP) would not, in itself, constitute a good cause for late filing. The reversal of Precedent Decision 04-04 allows the program to consider additional factors when a victim did not have knowledge of the VCP, such as age, physical or mental disability, homelessness, cultural or linguistic barriers or proven lack of notification by law enforcement.

Precedent decisions adopted by the Board serve as legal authority and guidance for interpreting and implementing the Victim Compensation statute.