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John Boxall died in a crash on Regina's east side on February 20, 2013. His widow Rosmarie is seeking compensation. (CBC)

A Regina woman says she's entitled to compensation for her husband's death at the hands of a suspected drunk driver, but due to a technicality, that's not happening.

Boxall said she and her daughters have been denied more than $150,000 in compensation and benefits.

"It's a nightmare, Rosmarie Boxall said. "You just can't get it out of your mind. You're just always reminded of it over and over."

The case was raised in the Saskatchewan Legislature Tuesday by NDP opposition member Doyle Vermette.

He told MLAs that John Boxall was killed in a car accident on Feb. 20, 2013. The driver of the other vehicle had a blood-alcohol level that was well above the legal limit, but the Crown did not proceed with the impaired-driving charge. 

Instead, that driver was convicted of criminal negligence causing death. 

Because the driver was not technically convicted of an alcohol-related charge, John Boxall's widow and children are not able to receive compensation for pain and suffering under the Fatal Accidents Act, Vermette said.

"That isn't fair and it needs to be made right," Vermette said.

He said Crown-owned Saskatchewan Government Insurance has discretion in cases like this and the government should do the right thing.

Donna Harpauer, the minister responsible for Crown investments, said she wasn't familiar with all the details of the case, but would look into it.

"We can't fix it today, but yes, we are reviewing this," she said. "Another case very similar had come to my 
attention, and so this very policy within SGI's coverage is being under review. "
 
The government's overall review of SGI's compensation policy is expected to take a few months.