N.Y. Military Law § 216: Pay and care when injured or disabled in service

§ 216. Pay and care when injured or disabled in service. 1. Any

member of the organized militia who shall, when on duty or assembled

therefor, in case of riot, tumult, breach of peace, insurrection or

invasion, or whenever ordered by the governor, the commanding general of

the New York army national guard, the commander of the New York air

national guard, the commanding officer of the naval militia, or the

commanding general of the New York guard, or called in aid of civil

authorities, receive any wound or injury or shall incur or contract any

disability or disease, by reason of such duty or assembly therefor, or

who shall without fault or neglect on his part be wounded or disabled

while performing any lawfully ordered duty, which shall incapacitate him

from pursuing his usual business or occupation shall receive the pay and

allowances provided by this chapter and the actual necessary expenses

for care and medical attendance during the period of such incapacity not

exceeding ninety days. If authority therefor is granted by the chief of

staff of the state, pay and allowances provided by this chapter may be

allowed for an additional period not exceeding ninety days and expenses

for such care and medical attendance as are necessary for the

appropriate treatment of the wound, injury, disease or disability may be

allowed until the incapacity resulting from such wound, injury, disease,

or disability can not be materially improved by further care or

treatment. The determination of whether such injury or disease was

incurred while performing such lawfully ordered duty shall be in

accordance with this section and such regulations as may be prescribed

by the adjutant general.

2. None of the benefits provided by subdivision one of this section

shall be paid or allowed unless a claim therefor is presented to the

chief of staff within one year after the date when such wound, injury,

disease or disability was incurred or contracted. None of the benefits

provided by subdivision one of this section and by section two hundred

nineteen of this article shall be paid or allowed by the state for any

period during which such a member of the organized militia is entitled

to receive the same as a charge against federal funds.

3. a. Where a claim is made under this section the chief of staff may

cause examinations of the claimant to be made from time to time by a

physician, surgeon or dentist designated for the purpose by the chief of

staff, and he may direct the removal of a claimant to, and his treatment

in, a hospital designated by the chief of staff, and if the claimant

refuses to permit any such examination or if he refuses to go to such

hospital or to follow the advice given or treatment prescribed for him

therein, he shall thereby forfeit and be barred from all right to any

claim or allowance under this section.

b. The chief of staff may appoint a medical examiner or a board of

three officers, at least one of whom shall be a medical officer, to

inquire into the merits of any claim presented under this section, and

to recommend the amount or amounts, if any, to be paid or allowed under

this section, or he may, in his discretion, determine any claim without

appointing a medical examiner or board and fix the amount to be paid or

allowed under this section. If no medical officer is available, such

medical examiner or medical officer on such board may be a civilian

physician, surgeon or dentist.

c. A medical examiner or board appointed under this section shall have

the same power to take evidence, administer oaths, issue subpoenas and

compel witnesses to attend and testify and to produce books and papers

and to punish their failure to do so as is possessed by military courts.

d. The findings and recommendations of the medical examiner or board

shall be submitted to the chief of staff who may return the proceedings

to such examiner or board for reconsideration or for taking further

testimony and who shall approve or disapprove the claim and fix the

amount, if any, to be paid or allowed under this section. The amount so

fixed by the chief of staff shall be a charge against and be paid in the

manner provided by this chapter, by the county or city in which such

duty was rendered, in every case where a county or city is by this

chapter made liable to pay for the performance of military duty. In all

other cases such amount shall be paid by the state in like manner as

other military accounts are paid.