Section 562 Of Chapter 3. State Military Reserve Act From California Military And Veterans Code >> Division 2. >> Part 2. >> Chapter 3.
562
. In all cases in which any officer, warrant officer or enlisted
man or woman of the State Military Reserve, when organized or
authorized as a cadre or otherwise, when in the performance of
ordered duty, or when ordered into the active service of the state,
is wounded, injured, disabled, or killed in active service, or in the
performance of ordered duty and in line of duty, the officer or
warrant officer or enlisted man or woman or the dependents of that
officer or warrant officer or enlisted man or woman shall be entitled
to receive compensation from the state in accordance with the
provisions of Division 4 (commencing with Section 3201) of the Labor
Code. In all such cases, such an officer, warrant officer, enlisted
man or woman shall be held and deemed to be an employee of the state.
The compensation to be awarded to any such officer, warrant officer,
enlisted man or woman shall be ascertained, determined, and fixed
upon the basis of his or her average income from all sources during
the year immediately preceding the date of the injury or death or the
commencement of the disability, but the compensation shall in no
case exceed the maximum prescribed in Division 4 (commencing with
Section 3201) of the Labor Code.
In the determination of the benefits to be awarded any member of
the State Military Reserve or his or her dependents under the
provisions of this section it shall be conclusively presumed that the
average yearly earning of the 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.