2007 California Labor Code Chapter 10. Disaster Service Workers

CA Codes (lab:4351-4355)

4351.  Compensation provided by this division is the exclusive
remedy of a disaster service worker, or his or her dependents, for
injury or death arising out of, and in the course of, his or her
activities as a disaster service worker as  against the state, the
disaster council with which he or she is registered, and the county
or city which has empowered the disaster council to register and
direct his or her activities.  Liability for compensation provided by
this division is in lieu of any other liability whatsoever to a
disaster service worker or his or her dependents or any other person
on his or her behalf against the state, the disaster council with
which the disaster service worker is registered, and the county or
city which has empowered the disaster council to register and direct
his or her activities, for any injury or death arising out of, and in
the course of, his or her activities as a disaster service worker.



4352.  No compensation shall be paid or furnished to disaster
service workers or their dependents pursuant to this division except
from money appropriated for the purpose of furnishing compensation to
disaster service workers and their dependents.  Liability for the
payment or furnishing of compensation is dependent upon and limited
to the availability of money so appropriated.
   After all money so appropriated is expended or set aside in
bookkeeping reserves for the payment or furnishing of compensation
and reimbursing the State Compensation Insurance Fund for its
services, the payment or furnishing of compensation for an injury to
a disaster service worker or his or her dependents is dependent upon
there having been a reserve set up for the payment or furnishing of
compensation to that disaster service worker or his or her dependents
and for that injury, and liability is limited to the amount of the
reserve.  The excess in a reserve for the payment or furnishing of
compensation or for reimbursing the State Compensation Insurance Fund
for its services may be transferred to reserves of other disaster
service workers for the payment or furnishing of compensation and
reimbursing the State Compensation Insurance Fund, or may be used to
set up reserves for other disaster service workers.



4353.  If a disaster service worker suffers injury or death while in
the performance of duties as a disaster service worker, then,
irrespective of his or her remuneration from this or other employment
or from both, the average weekly earnings for the purposes of
determining temporary and permanent disability indemnity shall be
taken at the maximum fixed for each, respectively, in Section 4453.



4354.  If the injury sustained by a disaster service worker causes
permanent disability, the percentage of disability to total
disability shall be determined as for the occupation of a laborer of
like age by applying the schedule for the determination of the
percentages of permanent disabilities prepared and adopted by the
administrative director.  The amount of the weekly payment for
permanent disability shall be the same as the weekly benefit which
would be paid for temporary total disability pursuant to Section
4353.


4355.  (a) Should the United States Government or any agent thereof,
in accordance with any federal statute, rule, or regulation, furnish
monetary assistance, benefits, or other temporary or permanent
relief to disaster service workers or to disaster service workers and
their dependents for injuries arising out of and occurring in the
course of their activities as disaster service workers, the amount of
compensation that any disaster service worker or his or her
dependents are otherwise entitled to receive from the State of
California under this division for any injury shall be reduced by the
amount of monetary assistance, benefits, or other temporary or
permanent relief the disaster service worker or his or her dependents
have received and will receive from the United States or any agent
thereof as a result of the injury.
   (b) If, in addition to monetary assistance, benefits, or other
temporary or permanent relief, the United States Government or any
agent thereof furnishes medical, surgical, or hospital treatment, or
any combination thereof, to an injured disaster service worker, the
disaster service worker has no right to receive similar medical,
surgical, or hospital treatment under this division.
   (c) If, in addition to monetary assistance, benefits, or other
temporary or permanent relief, the United States Government or any
agent thereof will reimburse a disaster service worker or his or her
dependents for medical, surgical, or hospital treatment, or any
combination thereof, furnished to the injured disaster service
worker, the disaster service worker has no right to receive similar
medical, surgical, or hospital treatment under this division.
   (d) If the furnishing of compensation under this division to a
disaster service worker or his or her dependents prevents the
disaster service worker or his or her dependents from receiving
assistance, benefits, or other temporary or permanent relief under a
federal statute, rule, regulation, the disaster service worker and
his or her dependents shall have no right to, and may not receive,
any compensation from the State of California under this division for
any injury for which the United States Government or any agent
thereof will furnish assistance, benefits, or other temporary or
permanent relief in the absence of the furnishing of compensation by
the State of California.