2019 US Virgin Islands Code
Title 24 - Labor
Chapter 11 - Workers' Compensation Administration
§ 281. Compensation for persons engaged in public recreational activity; reimbursement

(a) As used in this section, “public recreational activity” means active and regular participation, without remuneration and whether as player, coach, referee, umpire, manager or other participant in any athletic or sport event sponsored, approved or supervised by the Department of Education, Department of Sports, Parks and Recreation, or the University of the Virgin Islands or in any athletic or sport event involving the use of government owned or controlled recreational areas or facilities where permission for such use has been duly granted by the Department of Education, Department of Sports, Parks and Recreation, or the University of the Virgin Islands, including any supervised practicing or rehearsing for such event and preliminary activities occurring immediately prior to and incidental to such event.

(b) Persons engaged in a particular form or forms of public recreational activity and who are bona fide residents in the territory, shall, upon certification to the Commissioner of Finance as provided for in this section, be entitled to the medical attendance and all other benefits provided for by this chapter for disability or death resulting from personal injury or disease suffered while engaged in such particular form or forms of public recreational activity.

(c) To secure compensation hereunder a person shall file with the Commissioner of Planning and Natural Resources, on a regular form to be prescribed by him, a statement under oath to the effect that he participates in a particular form or forms of public recreational activity as above defined, or that he intends to so participate. The statement shall also include such other information as the Commissioner of Planning and Natural Resources may require. If it appears to the satisfaction of the Commissioner of Planning and Natural Resources that the person filing the statement participates in or has a bona fide intention to participate in a particular form or forms of public recreational activity, the Commissioner of Planning and Natural Resources shall forthwith certify such person to the Commissioner of Finance as a participant in such particular form or forms of activity and such person shall thereafter be entitled to compensation benefits hereunder. The Commissioner of Planning and Natural Resources may refuse to certify a person to the Commissioner of Finance if after proper medical examination it appears that the physical condition of the person is such that his participation in public recreational activity would involve undue risk.

(d) Any person aggrieved by a decision of the Commissioner of Planning and Natural Resources, made pursuant to subsection (c) of this section, may file an appeal within thirty days from the date of the decision with the Governor whose decision on the appeal shall be final and conclusive. If the decision of the Governor is in favor of the appellant, said decision shall be retroactive to the date of the decision on which the appeal was based.

(e) Notices of injury and claims for compensation, hearings, and awards, with respect to the compensation of persons engaged in public recreational activity shall be filed, made, heard and determined in the same manner and on the same basis as provided for with respect to the compensation of employees under this chapter, and all provisions of this chapter, except as otherwise provided in this section, shall be applicable to the greatest extent practicable in the administration and enforcement of this section. For the purpose of determining compensation for disability or death suffered by a person engaged in public recreational activity, the wages of such person shall be determined on the basis of his actual earnings at the time of the injury, or if such person is at such time unemployed, then his wages shall be determined on the basis of the actual wages he received at his last place of employment within the preceding twelve months, or if the person has not been employed within such period then his wages shall be deemed to be the minimum wage prescribed by law.

(f) The Commissioner of Education, in lieu of paying premiums into the Government Insurance Fund, shall annually, at a time designated by the Commissioner of Finance, reimburse the said Fund for all payments made by it on account of and pursuant to the provisions of this section in cases involving athletic or sport events sponsored or supervised by the Commissioner of Education. Such reimbursements shall be made out of funds to be appropriated by the Legislature.

(g) The Commissioner of Education, in lieu of paying premiums into the Government Insurance Fund, shall annually, at a time designated by the Commissioner of Finance, reimburse the said Fund for all payments made by it on account of and pursuant to the provisions of this section in cases involving athletic or sport events approved by the Commissioner of Education or involving the use of government owned or controlled recreational areas or facilities where permission for such use has been duly granted by the Bureau of Recreation. Such reimbursements shall be made out of the Athletic Fund established by section 3010 of Title 33, notwithstanding any provision in said title to the contrary; Provided, That the amounts so paid out of the Athletic Fund shall be refunded by the Legislature through annual appropriations.