In order for the disregard to apply:
The claimant must be subsequently convicted.
The impairment must be closely related to, or associated with, the commission of the
offense. The impairment or aggravation of a pre-existing impairment must occur at
a time and location that is near to the felony. It is not necessary that there be
a causative connection between the commission of the felony and the impairment.
Doug Hall has an automobile accident which occurs while fleeing the scene of a bank
robbery (a felony), which results in an injury to his back. This impairment would
be considered associated with the commission of the offense.
Marsha Guffey injures her back while shopping in a grocery store the week after she
commits a bank robbery. The police assist her to her car, find the stolen money in
the car, and charge her with a felony. The impairment would be too remote to be considered
to have arisen in connection with the robbery. This accident ordinarily would not
be considered sufficiently close in time and place to the scene of the robbery to
be considered associated with the felony.
NOTE: Submit questionable situations to the regional attorney.