Tennessee § 29-13-103 - Burden of proof — Documentation.

§ 29-13-103. Burden of proof — Documentation.

The claimant has the burden of presenting to the division all facts necessary in determining whether the claimant is entitled to compensation under this part. No claimant shall be entitled to compensation unless the claimant proves by a preponderance of the evidence every requirement under this part for entitlement to compensation, including, but not limited to, the following: The occurrence of an offense as defined in § 29-13-104; The offense proximately caused personal injury to or death of the victim; The claimant is eligible for compensation pursuant to § 29-13-105; The claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender; The amount of losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107; If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, that the claimant was a dependent of the victim within the meaning of § 29-13-102(5); and The victim or a member of the victim's family reported the offense to the proper law enforcement authorities within the time prescribed in § 29-13-108(a). The claimant must present written documentation to establish the facts required by subsection (a). Such documentation shall include, where appropriate, all medical and funeral bills, lost wage verifications, W-2 forms, death and birth certificates, and the incident report from the appropriate law enforcement agency. Acts 1993, ch. 494, § 4. Cross-References. Jurisdiction for claims under Criminal Injuries Compensation Act transferred to Tennessee claims commission for all claims filed on or after January 1, 1987, § 9-8-307 . Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Jurisdiction, § 22. Law Reviews. Tennessee's Criminal Injuries Compensation Act, 7 Mem. St. U.L. Rev. 241.