43 CFR 30.143 – Are there any categories of claims that will not be allowed?
(a) Claims for care will not be allowed except upon clear and convincing evidence that the care was given on a promise of compensation and that compensation was expected.
Terms Used In 43 CFR 30.143
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) A claim will not be allowed if it:
(1) Has existed for such a period as to be barred by the applicable statute of limitations at the date of decedent‘s death;
(2) Is a tort claim that has not been reduced to judgment in a court of competent jurisdiction;
(3) Is unliquidated; or
(4) Is from a government entity and relates to payments for:
(i) General assistance, welfare, unemployment compensation or similar benefits; or
(ii) Social Security Administration supplemental security income or old-age, disability, or survivor benefits.