300 – Short Title.

§ 300. Short title. This article shall be known and may be cited as the “workers’ compensation act for civil defense volunteers.”

301 – Declaration of Policy and Legislative Intent.

§ 301. Declaration of policy and legislative intent. The president of the United States on December sixteenth, nineteen hundred fifty, proclaimed a state of national emergency. The governor of this state, in a special message to the legislature on January eighth, nineteen hundred fifty-one, recommended a program for the defense of the people of our […]

303 – Provision of Workmen’s Compensation for Civil Defense Volunteers.

§ 303. Provision of workmen’s compensation for civil defense volunteers. A civil defense volunteer performing authorized civil defense services shall be deemed to be in special employment of his local office as defined in the state defense emergency act. Workmen’s compensation benefits are provided in this article for disability or death proximately caused by injury […]

304 – Evidence of Authorized Services.

§ 304. Evidence of authorized services. For the purpose of administering this article a certified copy of regulations and orders of the commission or state director shall be evidence thereof when filed with the chairman; but if not so filed the burden of proving an authorized civil defense service or duty or activity shall be […]

305 – Compensation Provided.

§ 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 […]

306 – Compensation Not Allowed During First Seven Days.

§ 306. Compensation not allowed during first seven days. No compensation shall be allowed for the first seven days of disability, except medical benefits provided in section three hundred five subdivision three; and during a period of time and within an area in which a county or city is providing medical treatment for the injured […]

307 – Computation of Benefits.

§ 307. Computation of benefits. Compensation of a civil defense volunteer under this article shall be computed on the basis of his wages during the year preceding injury, in case of disability under the provisions of section fourteen subject to the limitations of section fifteen subdivision six, and in case of death under the provisions […]

308 – Liability for Compensation.

§ 308. Liability for compensation. Compensation provided in this article, including cash benefits, medical and chiropractic care and funeral expenses, shall be paid by the chairman promptly out of the special fund created under this article and, except as to a disallowed claim, without decision by the board.

309 – Non-Duplication.

§ 309. Non-duplication. No compensation under the provisions of this article shall be payable to any civil defense volunteer or to the dependents of a deceased civil defense volunteer otherwise entitled to receive workers’ compensation under the provisions of this chapter or of any other law, or volunteer firefighters’ benefits or volunteer ambulance workers’ benefits […]

310 – Disposition of Accrued Benefits Upon Death.

§ 310. Disposition of accrued benefits upon death. If any benefits due to a civil defense volunteer under this article are unpaid at the time of his death, such benefits shall be payable to the estate of the claimant or, at the option of the chairman, may be paid to the surviving spouse, child or […]

311 – Payments to Minors.

§ 311. Payments to minors. Civil defense volunteers who are minors shall be deemed to be sui juris for the purpose of receiving payment of compensation under this article. Work as a civil defense volunteer shall not be deemed an employment in violation of any of the provisions of the labor law for purposes of […]

312 – Exclusiveness of Remedy.

§ 312. Exclusiveness of remedy. Compensation as provided in this article shall be the exclusive remedy of a civil defense volunteer or his or her spouse, dependents, executor or administrator, for injury, disease or death arising in the course of civil defense volunteer service, as against the state or any political subdivision of the state […]

313 – Compensation Inalienable.

§ 313. Compensation inalienable. Compensation payable under this article shall not be assigned or released and shall be exempt from all claims of creditors and from levy, execution and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived.

314 – Claim Filing.

§ 314. Claim filing. The right to compensation including medical care and funeral expenses under the provisions of this article shall be barred unless written claim is filed with the chairman within ninety days after injury or, if death results therefrom, within ninety days after death; except that if death shall occur more than one […]

315 – Claims Procedures.

§ 315. Claims procedures. Claims shall be subject to the administrative procedures prescribed for claims filed with the chairman for disability benefits payable under section two hundred seven. The chairman may require a claimant under this article to file the same proofs required under other articles of this chapter or other proofs for determination of […]

316 – Record of Enrollment.

§ 316. Record of enrollment. Each local director of civil defense shall maintain a record of enrollment of civil defense volunteers who are personnel of the volunteer agencies sponsored by his local office. Each record shall contain the name and address of the volunteer, the name of his employer, date of enrollment and authorized classification […]

317 – Determination of Contested Claims for Compensation.

§ 317. Determination of contested claims for compensation. A civil defense volunteer may file with the board a notice that his claim for compensation under this article has not been paid, and the board shall have full power and authority to determine all issues in relation to every such claim and shall file its decision […]

318 – Rules of Evidence; Modification of Board Decisions or Orders; Appeals.

§ 318. Rules of evidence; modification of board decisions or orders; appeals. The provisions of section two hundred twenty-two of this chapter are made applicable to claims for compensation under this article.

319 – Special Fund for Civil Defense Volunteers.

§ 319. Special fund for civil defense volunteers. There is hereby created a fund which shall be known as the special fund for civil defense volunteers to provide for payment of cash benefits and medical care and funeral expenses under this article and expenses of administration under section three hundred twenty-five of this article. Such […]

320 – Commissioner of Taxation and Finance Custodian of Fund.

§ 320. Commissioner of taxation and finance custodian of fund. The commissioner of taxation and finance shall be the custodian of the special fund for workmen’s compensation for civil defense volunteers and all disbursements for compensation therefrom shall be paid by him upon drafts signed by the chairman or those authorized by the chairman for […]