{
  "id": 5324203,
  "name": "In Re Application of Robert Lee Cooper, et al.",
  "name_abbreviation": "In re Cooper",
  "decision_date": "1978-04-07",
  "docket_number": "No. 75-CV-0319",
  "first_page": "400",
  "last_page": "401",
  "citations": [
    {
      "type": "official",
      "cite": "32 Ill. Ct. Cl. 400"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T16:54:10.322906+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "In Re Application of Robert Lee Cooper, et al."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThis is a claim for compensation pursuant to the provisions of the \u201cCrime Victims Compensation Act\u201d (Ill. Rev. Stat., 1973, Ch. 70, \u00a7 71, et seq.), hereinafter the Act.\nThis Court has carefully considered the Claimant\u2019s application for benefits and the Commissioner\u2019s report of the hearing that was held on March 2, 1977.\nAccording to the facts adduced at the hearing it is the Claimant\u2019s contention that the victim\u2019s minor children are entitled to compensation for loss of suport based upon Aid to Dependent Children payments. The victim received $467.00 per month in the form of Aid to Dependent Children payments. Presently, the minor children are receiving $214.00 per month in Social Security Benefits and $28.00 in public assistance from the State of Mississippi. The Claimant seeks the difference, $225.00 as loss of support for the victim\u2019s minor children.\nThe issue is whether support payments would be considered earnings so as to compensate the victim\u2019s children for loss of support.\nThe \u201cCrime Victim\u2019s Compensation Act\u201d \u00a7 74 provides as follows:\n____Loss of earnings, loss of future earnings and loss of support shall be determined on the basis of the victim\u2019s average monthly earnings for the six months immediately preceding the date of the injury or on $500.00 per month, whichever is less.\nThis Court understands earnings to be compensation for services rendered. Support payments are monetary payments made by the state because the recipient is in need of them. Public Aid or support payments are not earned. They are given at the discretion and under the supervision of the State. Therefore, in view of the foregoing this court believes that the support payments were not earnings and cannot be used as a basis for loss of support.\nAs to the funeral bill of $535.00 this Court believes that it is compensable under the Act subject, however, to the $200.00 exclusion in \u00a7 7 (d) of the Act.\nIt is, therefore, ordered that the claim for loss of support be denied and the funeral bill be allowed in the amount of $335.00.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Taube and Phipps, by William H. Taube, Attorney for Claimant.",
      "William J. Scott, Attorney General for Illinois; Alan Hoffman, Assistant Attorney General."
    ],
    "corrections": "",
    "head_matter": "(No. 75-CV-0319\nIn Re Application of Robert Lee Cooper, et al.\nOpinion filed April 7, 1978.\nTaube and Phipps, by William H. Taube, Attorney for Claimant.\nWilliam J. Scott, Attorney General for Illinois; Alan Hoffman, Assistant Attorney General."
  },
  "file_name": "0400-01",
  "first_page_order": 514,
  "last_page_order": 515
}