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This entry was published on 2016-11-11
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SECTION 8
Permanent total disability benefits
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 2
§ 8. Permanent total disability benefits. In the case of total
disability adjudged to be permanent the volunteer firefighter shall be
paid six hundred dollars for each week during the continuance thereof.
Permanent total disability, within the meaning of this section, shall
exist only if the earning capacity of the volunteer firefighter has been
lost permanently and totally as the result of the injury. The loss of
both hands, or both arms, or both feet, or both legs, or both eyes, or
any two thereof, shall, in the absence of conclusive proof to the
contrary, constitute permanent total disability, but in all other cases
permanent total disability shall be determined in accordance with the
facts. Notwithstanding any other provisions of this chapter, an injured
volunteer firefighter disabled due to the loss or total loss of use of
both eyes, or both hands, or both arms, or both feet, or both legs, or
any two thereof shall not suffer any diminution of such weekly benefit
by engaging in business or employment provided his or her weekly
earnings or wages, when combined with his or her weekly benefit shall
not be in excess of eight hundred dollars; and further provided that the
application of this section shall not result in reduction of benefits
which an injured volunteer firefighter who is disabled due to the loss
or total loss of use of both eyes, or both hands, or both arms, or both
feet, or both legs, or any two thereof would otherwise be entitled to
under any other provisions of this article.