Section 340 Of Article 3. Casualty Insurance From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 5. >> Article 3.
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.