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Date: 06-28-2022
Case Style:
Gary L. Peavy v. California Victim Compensation Claims Board
Case Number: D079193
Judge: Dato
Court: California Court of Appeals, Fourth District, Fourth Division on appeal from the Superior Court, San Diego County
Plaintiff's Attorney:
Defendant's Attorney: Richard F. Wolfe and Tim J. Vanden
Description: San Diego, California pro per plaintiff, acting with a lawyer, sued Defendant seeking compensation from the Victim Compensation Board for certain economic loses.
Under California law a crime victim may seek compensation from the Victim Compensation Board (Board) for certain economic losses. (Gov. Code,[1] § 13950 et seq.) A lost income claim requires medical evidence to "verify" the disability is "a direct result" of the crime. (Cal. Code. Regs., tit. 2, § 649.32, subd. (g).) Judicial review of a final Board decision is by s petition for a writ of mandate filed in the superior court. (§ 13960, subd. (a).)
In this case, Gary Peavy appeals from a judgment denying his petition for a writ of mandate challenging the Board's denial of his lost income claim. We affirm because Peavy submitted no medical evidence to support a finding that his claimed disability was a direct result of any crime.
Peavy v. Cal. Victim Comp. Claims Bd. (Cal. App. 2022)
Outcome: Judgment for Defendant affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: