2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 10 - (300 - 328) WORKMEN'S COMPENSATION ACT FOR CIVIL DEFENSE VOLUNTEERS
305 - Compensation provided.


NY Work Comp L § 305 (2012) What's This?
 
    § 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 of such disability, up to a maximum period
  of disability of five years from the date of injury.
    (2) Permanent partial disability. In case  of  disability  partial  in
  character  but  permanent  in  quality, such percentage of sixty-six and
  two-thirds per  centum  of  average  weekly  wages  computed  under  the
  provisions  of section fourteen as the percentage of impairment bears to
  total disability, shall be paid to the civil  defense  volunteer  during
  continuance  of such disability, up to a maximum period of disability of
  five years from the date of injury.
    (3)  Medical  care   and   chiropractic   care.   Necessary   medical,
  chiropractic  and other attendance and treatment as set forth in section
  thirteen shall be  provided,  subject  to  the  provisions  of  sections
  thirteen-a  to  thirteen-j  inclusive  and thirteen-l; but the aggregate
  cost of all such attendance and treatment shall not exceed  the  sum  of
  four  thousand  dollars  in  a  case of total disability or of permanent
  partial disability or in a case of total disability with  subsequent  or
  prior  permanent  partial disability, nor one thousand dollars in a case
  of temporary  partial  disability  without  subsequent  or  prior  total
  disability.
    (4)  Death.  Compensation  shall be paid in the amount, and to and for
  the benefit of persons, as follows:
    (a) Actual funeral expenses in a reasonable sum  not  exceeding  seven
  hundred  and  fifty  dollars  to  a  person  or persons and in manner as
  provided in section sixteen subdivision one.
    (b) If there be a surviving dependent wife or dependent husband and no
  surviving child of the deceased under the age of eighteen years, to such
  dependent wife or dependent husband forty  per  centum  of  the  average
  wages  of  the  deceased  as defined in section sixteen subdivision five
  during widowhood or widowerhood; provided that the total amount  payable
  shall  in  no  case  exceed  sixty-six and two-thirds per centum of such
  wages or be paid for any period which, when combined with other benefits
  provided under this article in the event of disability preceding  death,
  shall extend more than five years from the date of injury.
    (c)  If  there  be a surviving dependent wife or dependent husband and
  also a surviving child or children of the  deceased  under  the  age  of
  eighteen  years,  to such dependent wife or dependent husband thirty per
  centum of such  average  wages  of  the  deceased  during  widowhood  or
  widowerhood,  and  the  additional  amount  of twenty per centum of such
  wages for each such child, but not after the child shall  have  attained
  the  age of eighteen years; provided that the total amount payable shall
  in no case exceed sixty-six and two-thirds per centum of such  wages  or
  be paid for any period which, when combined with other benefits provided
  under  this  article  in  the event of disability preceding death, shall
  extend more than five years from the date of injury.
    (d) If there be a surviving child or children of  the  deceased  under
  the  age of eighteen years, but no surviving dependent wife or dependent
  husband, then for the support of each such  child  but  not  after  such
  child  shall  have attained the age of eighteen years, thirty per centum
  of such average wages of the deceased; provided that  the  total  amount
  payable  shall  in no case exceed sixty-six and two-thirds per centum of
  such wages or be paid for a  period  which,  when  combined  with  other
  benefits  provided  under  this  article  in  the  event  of  disability

  preceding death, shall extend more than five  years  from  the  date  of
  injury.
    (e)  If  there be no surviving dependent wife or dependent husband and
  no surviving child or children under the age  of  eighteen,  no  payment
  shall  be  made to the special funds established under the provisions of
  section fifteen and twenty-five-a of this chapter  nor  to  any  person,
  except only for funeral expenses as provided in subdivision four of this
  section.

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