2013 New York Consolidated Laws
MIL - Military
Article 10 - (210 - 223) PAY AND ALLOWANCES
216 - Pay and care when injured or disabled in service.

 
    § 216. Pay  and  care  when  injured  or disabled in service.   1. Any
  member of the organized militia who shall, when  on  duty  or  assembled
  therefor,  in  case  of  riot,  tumult, breach of peace, insurrection or
  invasion, or whenever ordered by the governor, the commanding general of
  the New York army national guard, the commander  of  the  New  York  air
  national  guard,  the  commanding  officer  of the naval militia, or the
  commanding general of the New York guard, or  called  in  aid  of  civil
  authorities,  receive any wound or injury or shall incur or contract any
  disability or disease, by reason of such duty or assembly  therefor,  or
  who  shall  without  fault or neglect on his part be wounded or disabled
  while performing any lawfully ordered duty, which shall incapacitate him
  from pursuing his usual business or occupation shall receive the pay and
  allowances provided by this chapter and the  actual  necessary  expenses
  for care and medical attendance during the period of such incapacity not
  exceeding  ninety days. If authority therefor is granted by the chief of
  staff of the state, pay and allowances provided by this chapter  may  be
  allowed  for an additional period not exceeding ninety days and expenses
  for  such  care  and  medical  attendance  as  are  necessary  for   the
  appropriate treatment of the wound, injury, disease or disability may be
  allowed until the incapacity resulting from such wound, injury, disease,
  or  disability  can  not  be  materially  improved  by  further  care or
  treatment. The determination of  whether  such  injury  or  disease  was
  incurred  while  performing  such  lawfully  ordered  duty  shall  be in
  accordance with this section and such regulations as may  be  prescribed
  by the adjutant general.
    2.  None  of  the benefits provided by subdivision one of this section
  shall be paid or allowed unless a claim therefor  is  presented  to  the
  chief  of  staff within one year after the date when such wound, injury,
  disease or disability was incurred or contracted. None of  the  benefits
  provided  by  subdivision one of this section and by section two hundred
  nineteen of this article shall be paid or allowed by the state  for  any
  period  during  which such a member of the organized militia is entitled
  to receive the same as a charge against federal funds.
    3. a. Where a claim is made under this section the chief of staff  may
  cause  examinations  of  the  claimant to be made from time to time by a
  physician, surgeon or dentist designated for the purpose by the chief of
  staff, and he may direct the removal of a claimant to, and his treatment
  in, a hospital designated by the chief of staff,  and  if  the  claimant
  refuses  to  permit  any such examination or if he refuses to go to such
  hospital or to follow the advice given or treatment prescribed  for  him
  therein,  he  shall  thereby forfeit and be barred from all right to any
  claim or allowance under this section.
    b. The chief of staff 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 presented under this  section,  and
  to  recommend the amount or amounts, if any, to be paid or allowed under
  this section, or he may, in his discretion, determine any claim  without
  appointing  a medical examiner or board and fix the amount to be paid or
  allowed under this section.  If no medical officer  is  available,  such
  medical  examiner  or  medical  officer  on such board may be a civilian
  physician, surgeon or dentist.
    c. 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 to produce books and papers
  and to punish their failure to do so as is possessed by military courts.
    d. The findings and recommendations of the medical examiner  or  board
  shall  be submitted to the chief of staff who may return the proceedings
  to such examiner or board for  reconsideration  or  for  taking  further

  testimony  and  who  shall  approve  or disapprove the claim and fix the
  amount, if any, to be paid or allowed under this section. The amount  so
  fixed by the chief of staff shall be a charge against and be paid in the
  manner  provided  by  this  chapter, by the county or city in which such
  duty was rendered, in every case where a  county  or  city  is  by  this
  chapter  made liable to pay for the performance of military duty. In all
  other cases such amount shall be paid by the state  in  like  manner  as
  other military accounts are paid.