48-268. Same; investigation; hearing; presumptions; interpretation of law or evidence. - Kansas Statutes

48-268

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 2.--KANSAS ARMY AND AIR NATIONAL GUARD

      48-268.   Same; investigation; hearing; presumptions; interpretation oflaw or evidence.No payments shall be made under K.S.A. 48-266, 48-267 and 48-269 until afull investigation has been made by the adjutant general of the occurrenceupon which the entitlement is based, and a hearing has been held and determinationhas been made thereon by the military disability board. In constructionof this act there shall be no presumption that death or disability of anymember was incurred in the line of duty, nor shall there be a liberal interpretationof the law or evidence in favor of any person claiming under this act. Inthe event of death ordisability of a member resulting from a heart, circulatory or respiratorycondition there must be clear and precise evidence that death or disabilitywas incurred in the line of duty.

      History:   L. 1972, ch. 206, § 8; March 23.