US Laws, Codes, Statutes & Cases

      Sec. 27-67. Inquiry into disability or death. Compensation for temporary incapacity. The commanding officer of any officer, soldier or sailor wounded, disabled or killed, when such disability or death is incident to the service, shall immediately make or cause to be made, by one or more officers detailed for the purpose, full inquiry and report concerning such injury or death, in writing, through channels to the Adjutant General, with the names and addresses of qualified witnesses and a full statement of the testimony of each concerning the nature and extent of the injury and the manner of its occurrence. Each member of the armed forces of the state who, when on duty or assembled therefor, in accordance with orders of competent authority, or when called in aid of any civil authority, is injured or contracts any disease while in the performance of his duty or assembly therefor, without fault or neglect on his part, and thereby is temporarily or permanently disabled from continuing to perform his usual duties or occupation, shall, during the period of his disability, receive such compensation as may be determined consistent with the provisions of chapter 568 and actual necessary expenses for care and medical attendance. The Adjutant General may cause examination of each claimant under the provisions of this section to be made from time to time by a medical officer or officers designated for the purpose by the Adjutant General, and he may direct the removal of any claimant to and his treatment in a hospital designated by the Adjutant General and, if the claimant refuses to permit any such examination or if he refuses to go to such hospital or to follow the direction of the Adjutant General or the treatment so prescribed for him, he shall forfeit all right to any claim or allowance under this section. The Adjutant General may appoint a medical examiner or a board of three officers, at least one of whom shall be a medical officer, to inquire into the merits of any claim, who shall fix the amount to be allowed under this section. A medical examiner or board, appointed under this section, shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers and to punish for failure to do so as possessed by a general court-martial. The findings of the medical examiner or board shall be subject to the approval of the Adjutant General, who may return the proceedings of the medical examiner or board for revision and for further testimony. The amount found due any member by such medical examiner or board and approved by the Adjutant General shall be paid by the Comptroller upon the order of the Adjutant General. The Adjutant General may disapprove the report of any medical examiner or board appointed under the provisions of this section and may thereupon determine the amount of any such claim. He may, upon the application of any claimant made within six months after the service of notice upon such claimant or his attorney of the disapproval or disallowance of his claim or any part thereof, reopen such claim and order a rehearing before another medical examiner or board. Any person making any claim under the provisions of this section may appeal to the Adjutant General from the decision or finding of any medical examiner or board within six months after notice of such decision or finding has been served on him or his attorney, and the Adjutant General shall hear and determine such appeal on its merits and may take testimony in the same manner as upon an original application and may approve, disapprove or modify the findings and decisions of any medical examiner or board.

      (1949 Rev., S. 1282; 1951, S. 867d; 1957, P.A. 365, S. 35; 1963, P.A. 461; P.A. 77-552, S. 1.)

      History: 1963 act changed from ninety days to six months the time limit over which disability not considered temporary; P.A. 77-552 substituted more precise language to define disease, injury and relationship to duty and provided compensation for permanent as well as temporary disability, deleting time limit distinction between the two.