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Chapter 10. Disaster Service Workers of California Labor Code >> Division 4. >> Part 1. >> Chapter 10.
The Office of Emergency Services shall administer this
chapter as it relates to volunteer disaster service workers.
Compensation provided by this division is the exclusive
remedy of a disaster service worker, or his or her dependents, for
injury or death arising out of, and in the course of, his or her
activities as a disaster service worker as against the state, the
disaster council with which he or she is registered, and the county
or city which has empowered the disaster council to register and
direct his or her activities. Liability for compensation provided by
this division is in lieu of any other liability whatsoever to a
disaster service worker or his or her dependents or any other person
on his or her behalf against the state, the disaster council with
which the disaster service worker is registered, and the county or
city which has empowered the disaster council to register and direct
his or her activities, for any injury or death arising out of, and in
the course of, his or her activities as a disaster service worker.
(a) No compensation shall be paid or furnished to a disaster
service worker or a dependent of a disaster service worker pursuant
to this division absent an initial appropriation of funds for the
purpose of furnishing compensation to a disaster service worker or a
dependent of a disaster service worker. Liability for the initial
payment or furnishing of compensation is dependent upon and limited
to the availability of money so appropriated.
(b) Notwithstanding subdivision (a), when appropriated funds are temporarily unavailable for disbursement, the State Compensation Insurance Fund may provide compensation to an eligible claimant under this section whose injuries have previously either been accepted or found to be compensable by the Workers' Compensation Appeals Board.
(1) Compensation to, and benefits for, an eligible claimant provided for under this subdivision may include the issuance of checks by the State Compensation Insurance Fund.
(2) Within 30 days of the date funds that had been temporarily unavailable are appropriated, and therefore become available, the California Emergency Management Agency shall reimburse the State Compensation Insurance Fund for compensation paid to, or benefits paid for, a claimant pursuant to paragraph (1), in addition to any applicable interest, service fees, or charges.
(c) After all money appropriated as described in subdivision (a) is expended or set aside in bookkeeping reserves for the payment or furnishing of compensation and reimbursing the State Compensation Insurance Fund for its services, the payment or furnishing of compensation for an injury to a disaster service worker or his or her dependents is dependent upon there having been a reserve set up for the payment or furnishing of compensation to that disaster service worker or his or her dependents and for that injury, and liability is limited to the amount of the reserve. The excess in a reserve for the payment or furnishing of compensation or for reimbursing the State Compensation Insurance Fund for its compensation payments and services may be transferred to reserves of other disaster service workers for the payment or furnishing of compensation and reimbursing the State Compensation Insurance Fund, or may be used to set up reserves for other disaster service workers.
(b) Notwithstanding subdivision (a), when appropriated funds are temporarily unavailable for disbursement, the State Compensation Insurance Fund may provide compensation to an eligible claimant under this section whose injuries have previously either been accepted or found to be compensable by the Workers' Compensation Appeals Board.
(1) Compensation to, and benefits for, an eligible claimant provided for under this subdivision may include the issuance of checks by the State Compensation Insurance Fund.
(2) Within 30 days of the date funds that had been temporarily unavailable are appropriated, and therefore become available, the California Emergency Management Agency shall reimburse the State Compensation Insurance Fund for compensation paid to, or benefits paid for, a claimant pursuant to paragraph (1), in addition to any applicable interest, service fees, or charges.
(c) After all money appropriated as described in subdivision (a) is expended or set aside in bookkeeping reserves for the payment or furnishing of compensation and reimbursing the State Compensation Insurance Fund for its services, the payment or furnishing of compensation for an injury to a disaster service worker or his or her dependents is dependent upon there having been a reserve set up for the payment or furnishing of compensation to that disaster service worker or his or her dependents and for that injury, and liability is limited to the amount of the reserve. The excess in a reserve for the payment or furnishing of compensation or for reimbursing the State Compensation Insurance Fund for its compensation payments and services may be transferred to reserves of other disaster service workers for the payment or furnishing of compensation and reimbursing the State Compensation Insurance Fund, or may be used to set up reserves for other disaster service workers.
If a disaster service worker suffers injury or death while in
the performance of duties as a disaster service worker, then,
irrespective of his or her remuneration from this or other employment
or from both, the average weekly earnings for the purposes of
determining temporary and permanent disability indemnity shall be
taken at the maximum fixed for each, respectively, in Section 4453.
If the injury sustained by a disaster service worker causes
permanent disability, the percentage of disability to total
disability shall be determined as for the occupation of a laborer of
like age by applying the schedule for the determination of the
percentages of permanent disabilities prepared and adopted by the
administrative director. The amount of the weekly payment for
permanent disability shall be the same as the weekly benefit which
would be paid for temporary total disability pursuant to Section
4353.
(a) Should the United States Government or any agent thereof,
in accordance with any federal statute, rule, or regulation, furnish
monetary assistance, benefits, or other temporary or permanent
relief to disaster service workers or to disaster service workers and
their dependents for injuries arising out of and occurring in the
course of their activities as disaster service workers, the amount of
compensation that any disaster service worker or his or her
dependents are otherwise entitled to receive from the State of
California under this division for any injury shall be reduced by the
amount of monetary assistance, benefits, or other temporary or
permanent relief the disaster service worker or his or her dependents
have received and will receive from the United States or any agent
thereof as a result of the injury.
(b) If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States Government or any agent thereof furnishes medical, surgical, or hospital treatment, or any combination thereof, to an injured disaster service worker, the disaster service worker has no right to receive similar medical, surgical, or hospital treatment under this division.
(c) If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States Government or any agent thereof will reimburse a disaster service worker or his or her dependents for medical, surgical, or hospital treatment, or any combination thereof, furnished to the injured disaster service worker, the disaster service worker has no right to receive similar medical, surgical, or hospital treatment under this division.
(d) If the furnishing of compensation under this division to a disaster service worker or his or her dependents prevents the disaster service worker or his or her dependents from receiving assistance, benefits, or other temporary or permanent relief under a federal statute, rule, regulation, the disaster service worker and his or her dependents shall have no right to, and may not receive, any compensation from the State of California under this division for any injury for which the United States Government or any agent thereof will furnish assistance, benefits, or other temporary or permanent relief in the absence of the furnishing of compensation by the State of California.
(b) If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States Government or any agent thereof furnishes medical, surgical, or hospital treatment, or any combination thereof, to an injured disaster service worker, the disaster service worker has no right to receive similar medical, surgical, or hospital treatment under this division.
(c) If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States Government or any agent thereof will reimburse a disaster service worker or his or her dependents for medical, surgical, or hospital treatment, or any combination thereof, furnished to the injured disaster service worker, the disaster service worker has no right to receive similar medical, surgical, or hospital treatment under this division.
(d) If the furnishing of compensation under this division to a disaster service worker or his or her dependents prevents the disaster service worker or his or her dependents from receiving assistance, benefits, or other temporary or permanent relief under a federal statute, rule, regulation, the disaster service worker and his or her dependents shall have no right to, and may not receive, any compensation from the State of California under this division for any injury for which the United States Government or any agent thereof will furnish assistance, benefits, or other temporary or permanent relief in the absence of the furnishing of compensation by the State of California.
