SECTIONS 340-342 - California Statutes

MILITARY AND VETERANS CODE

SECTION 340-342

340. (a) Subject to Section 340.1, whenever any officer, warrant
officer, or enlisted member of the California National Guard, the
organized militia, or the unorganized militia, when called into the
active service of the state, pursuant to Section 142, 143, or 146, is
wounded, injured, disabled, or killed in the active service of the
state in the line of duty, the member or the member's dependents
shall receive compensation under Division 4 (commencing with Section
3201) of the Labor Code. For these purposes, the member is deemed to
be an employee of the state. The compensation shall be based on the
member's average income from all sources during the year immediately
preceding the date of wounding, injury, death, or the commencement of
disability and shall not exceed the maximum prescribed in Division 4
(commencing with Section 3200) of the Labor Code.
(b) For the purposes of this article, any officer, warrant
officer, or enlisted member performing military duty of any nature
pursuant to Title 32 or Title 10 of the United States Code shall not
be entitled to benefits described in subdivision (a) or in Section
340.1.
(c) Notwithstanding subdivision (a), any officer, warrant officer,
or enlisted member on full-time active duty with the Office of the
Adjutant General who suffers disability or death in the line of duty
from either injury or disease is entitled to receive, from the state,
benefits or compensation for that disability or death comparable to
that provided to members of the United States armed forces on active
duty.

340.1. (a) Any officer, warrant officer, or enlisted member of the
California National Guard, the organized militia, or the unorganized
militia, when called into the active service of the state, pursuant
to Sections 142, 143, or 146, except an officer, warrant officer, or
enlisted member on full-time duty with the Office of the Adjutant
General, who is wounded, injured, or disabled in the active service
of the state in the line of duty shall be retained on active duty and
shall receive regular military pay and allowances for not to exceed
52 weeks from the date of wounding, injury, or disability, regardless
of the date of expiration of the period of state active duty, unless
any of the following occurs:
(1) The member becomes entitled to disability compensation through
any private or other public employer.
(2) The member is able to return to his or her regular civilian
employment, as determined by proper authority.
(3) The member requests an earlier release from active duty.
(b) A member who has received benefits under subdivision (a) and
who is unable to return to his or her regular civilian employment
following 52 weeks after the date of wounding, injury, or disability
is entitled to compensation under Division 4 (commencing with Section
3201) of the Labor Code, pursuant to Section 340.

340.2. Any officer, warrant officer, or enlisted member of the
California National Guard, the organized militia, or the unorganized
militia, when called into the active service of the state, pursuant
to Sections 142, 143, or 146, who, while in that active service, is
transferred by the California National Guard or other military
authority to any other state or local agency for purposes of
fulfilling active service requirements pursuant to either a mutual
aid agreement or an interagency agreement and is wounded, injured, or
disabled in the line of duty, is entitled to the benefits provided
under Section 340.1.

341. In the determination of the benefits to be awarded any member
of the militia or his dependents under the provisions of Section 340,
it shall be conclusively presumed that the average yearly earning of
such injured or deceased member is not less than two thousand five
hundred dollars ($2,500). Any injury, death, or disability shall be
deemed to have been suffered in line of duty unless the same resulted
from misconduct or disobedience of lawful orders by the injured or
deceased member.

342. The appeals board is empowered to hear and determine all
issues concerning any obligation of the State of California to
provide to any officer, warrant officer, or enlisted man or woman on
active duty with the Office of the Adjutant General any rights or
benefits provided in Section 3, Public Law 108, Chapter 225, 81st
Congress, First Session, and any and all issues arising under or in
connection with that law. In doing so, the appeals board shall follow
the same procedures in all respects as are provided in Division 4
(commencing with Section 3200) of the Labor Code for the
determination of workers' compensation claims. The orders, decisions,
and awards of the appeals board issued in exercising this
jurisdiction are subject to review and rehearing in the manner
provided in Sections 5900 to 5956, inclusive, of the Labor Code.