Legislation
SECTION 305
Compensation provided
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 10
§ 305. Compensation provided. The schedule of special compensation for
civil defense volunteers under this article is hereby established as
follows:
(1) Total disability. In case of total disability, sixty-six and
two-thirds per centum of average weekly wages computed under the
provisions of section fourteen shall be paid to the civil defense
volunteer during continuance of such disability, up to a maximum period
of disability of five years from the date of injury.
(2) Permanent partial disability. In case of disability partial in
character but permanent in quality, such percentage of sixty-six and
two-thirds per centum of average weekly wages computed under the
provisions of section fourteen as the percentage of impairment bears to
total disability, shall be paid to the civil defense volunteer during
continuance of such disability, up to a maximum period of disability of
five years from the date of injury.
(3) Medical care and chiropractic care. Necessary medical,
chiropractic and other attendance and treatment as set forth in section
thirteen shall be provided, subject to the provisions of sections
thirteen-a to thirteen-j inclusive and thirteen-l; but the aggregate
cost of all such attendance and treatment shall not exceed the sum of
four thousand dollars in a case of total disability or of permanent
partial disability or in a case of total disability with subsequent or
prior permanent partial disability, nor one thousand dollars in a case
of temporary partial disability without subsequent or prior total
disability.
(4) Death. Compensation shall be paid in the amount, and to and for
the benefit of persons, as follows:
(a) Actual funeral expenses in a reasonable sum not exceeding seven
hundred and fifty dollars to a person or persons and in manner as
provided in section sixteen subdivision one.
(b) If there be a surviving dependent wife or dependent husband and no
surviving child of the deceased under the age of eighteen years, to such
dependent wife or dependent husband forty per centum of the average
wages of the deceased as defined in section sixteen subdivision five
during widowhood or widowerhood; provided that the total amount payable
shall in no case exceed sixty-six and two-thirds per centum of such
wages or be paid for any period which, when combined with other benefits
provided under this article in the event of disability preceding death,
shall extend more than five years from the date of injury.
(c) If there be a surviving dependent wife or dependent husband and
also a surviving child or children of the deceased under the age of
eighteen years, to such dependent wife or dependent husband thirty per
centum of such average wages of the deceased during widowhood or
widowerhood, and the additional amount of twenty per centum of such
wages for each such child, but not after the child shall have attained
the age of eighteen years; provided that the total amount payable shall
in no case exceed sixty-six and two-thirds per centum of such wages or
be paid for any period which, when combined with other benefits provided
under this article in the event of disability preceding death, shall
extend more than five years from the date of injury.
(d) If there be a surviving child or children of the deceased under
the age of eighteen years, but no surviving dependent wife or dependent
husband, then for the support of each such child but not after such
child shall have attained the age of eighteen years, thirty per centum
of such average wages of the deceased; provided that the total amount
payable shall in no case exceed sixty-six and two-thirds per centum of
such wages or be paid for a period which, when combined with other
benefits provided under this article in the event of disability
preceding death, shall extend more than five years from the date of
injury.
(e) If there be no surviving dependent wife or dependent husband and
no surviving child or children under the age of eighteen, no payment
shall be made to the special funds established under the provisions of
section fifteen and twenty-five-a of this chapter nor to any person,
except only for funeral expenses as provided in subdivision four of this
section.
civil defense volunteers under this article is hereby established as
follows:
(1) Total disability. In case of total disability, sixty-six and
two-thirds per centum of average weekly wages computed under the
provisions of section fourteen shall be paid to the civil defense
volunteer during continuance of such disability, up to a maximum period
of disability of five years from the date of injury.
(2) Permanent partial disability. In case of disability partial in
character but permanent in quality, such percentage of sixty-six and
two-thirds per centum of average weekly wages computed under the
provisions of section fourteen as the percentage of impairment bears to
total disability, shall be paid to the civil defense volunteer during
continuance of such disability, up to a maximum period of disability of
five years from the date of injury.
(3) Medical care and chiropractic care. Necessary medical,
chiropractic and other attendance and treatment as set forth in section
thirteen shall be provided, subject to the provisions of sections
thirteen-a to thirteen-j inclusive and thirteen-l; but the aggregate
cost of all such attendance and treatment shall not exceed the sum of
four thousand dollars in a case of total disability or of permanent
partial disability or in a case of total disability with subsequent or
prior permanent partial disability, nor one thousand dollars in a case
of temporary partial disability without subsequent or prior total
disability.
(4) Death. Compensation shall be paid in the amount, and to and for
the benefit of persons, as follows:
(a) Actual funeral expenses in a reasonable sum not exceeding seven
hundred and fifty dollars to a person or persons and in manner as
provided in section sixteen subdivision one.
(b) If there be a surviving dependent wife or dependent husband and no
surviving child of the deceased under the age of eighteen years, to such
dependent wife or dependent husband forty per centum of the average
wages of the deceased as defined in section sixteen subdivision five
during widowhood or widowerhood; provided that the total amount payable
shall in no case exceed sixty-six and two-thirds per centum of such
wages or be paid for any period which, when combined with other benefits
provided under this article in the event of disability preceding death,
shall extend more than five years from the date of injury.
(c) If there be a surviving dependent wife or dependent husband and
also a surviving child or children of the deceased under the age of
eighteen years, to such dependent wife or dependent husband thirty per
centum of such average wages of the deceased during widowhood or
widowerhood, and the additional amount of twenty per centum of such
wages for each such child, but not after the child shall have attained
the age of eighteen years; provided that the total amount payable shall
in no case exceed sixty-six and two-thirds per centum of such wages or
be paid for any period which, when combined with other benefits provided
under this article in the event of disability preceding death, shall
extend more than five years from the date of injury.
(d) If there be a surviving child or children of the deceased under
the age of eighteen years, but no surviving dependent wife or dependent
husband, then for the support of each such child but not after such
child shall have attained the age of eighteen years, thirty per centum
of such average wages of the deceased; provided that the total amount
payable shall in no case exceed sixty-six and two-thirds per centum of
such wages or be paid for a period which, when combined with other
benefits provided under this article in the event of disability
preceding death, shall extend more than five years from the date of
injury.
(e) If there be no surviving dependent wife or dependent husband and
no surviving child or children under the age of eighteen, no payment
shall be made to the special funds established under the provisions of
section fifteen and twenty-five-a of this chapter nor to any person,
except only for funeral expenses as provided in subdivision four of this
section.