App.A:9-57.3. Schedule of benefits

The schedule of benefits for civil defense volunteers under this act is hereby established as follows:

(a) Total disability. If the injury sustained by the civil defense volunteer wholly and continuously disables him from the date of injury and prevents him from performing each and every duty pertaining to his usual and ordinary occupation, weekly benefits shall be payable during the continuance of such disability for a period of 26 weeks, at which time such payments shall cease unless the civil defense volunteer shall have submitted to such physical and other examination as shall be required to establish that because of such disability it is impossible for him to perform each and every duty of any occupation, in which case further weekly benefits shall be payable during the period of such total disability, up to a maximum period of disability of 104 weeks from the date of injury. The weekly benefit is $45.00 but not to exceed 66 2/3 % of the wages received from regular employment at the date of injury or, in the case of a civil defense volunteer who was self-employed at the date of injury, of an assumed wage which shall be deemed to be the entire net income from self-employment minus investment income for the last calendar year preceding the date of the injury. Where a civil defense volunteer is not employed at the date of injury, where he has had no income from self-employment for a period of 1 month prior to the date of injury, or where he refuses or is unable to furnish satisfactory proof of his net income from self-employment the weekly benefit is $15.00. No weekly benefits shall accrue and be payable until the civil defense volunteer has been disabled 7 days, which period shall be termed the waiting period. The day that the civil defense volunteer is injured shall count as 1 whole day of the waiting period.

(b) Medical and hospital care. If the injury sustained by the civil defense volunteer requires medical or hospital care, payment shall be made for the expense of such medical, surgical and other treatment and hospital service as shall be necessary to cure and relieve the civil defense volunteer of the effects of the injury and to restore the functions of the injured member or organ where such restoration is possible; but the aggregate cost of all such attendance and treatment shall not exceed the sum of $750.00 for any one injury. All fees and other charges for such physicians' and surgeons' treatment and hospital treatment shall be reasonable and based on the usual fees and charges which prevail in the same community for similar physicians', surgeons' and hospital services.

(c) Death. If death results from the injury within 90 days following the date of injury the sum of $3,000.00 shall be paid to the spouse of the civil defense volunteer, if living, otherwise to the surviving child or children, share and share alike, if any, otherwise to the legal representative or representatives of the estate of the civil defense volunteer. Such payment shall be in addition to any weekly benefits to which the civil defense volunteer may have been entitled under subsection (a) of this section. If death occurs after 90 days following the date of the injury or within such 90-day period and from a cause other than the injury but during the period of total disability for which weekly benefits are payable, an amount equal to 4 weekly benefit payments shall be payable to the beneficiary previously designated herein. No payment of a fractional weekly benefit shall be made for the week in which death occurs.

L.1952, c. 12, p. 54, s. 3. Amended by L.1969, c. 296, s. 1, eff. Jan. 16, 1970.