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This entry was published on 2014-09-22
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SECTION 307
Computation of benefits
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 10
§ 307. Computation of benefits. Compensation of a civil defense
volunteer under this article shall be computed on the basis of his wages
during the year preceding injury, in case of disability under the
provisions of section fourteen subject to the limitations of section
fifteen subdivision six, and in case of death under the provisions of
section sixteen subdivision five; and "wages" shall be as defined in
section two subdivision nine.

Compensation of a civil defense volunteer who was self-employed at the
time of injury shall be computed, whether for disability or death, on
the basis of the wages of a similar worker determined under the
provisions of section fourteen unless the self-employed volunteer, or a
dependent in a death case, shall authorize the state commissioner of
taxation and finance to furnish to the chairman a copy of the income tax
return of the civil defense volunteer filed to report income of the year
next preceding the date of injury, in which event compensation under
this article shall be computed on the basis of an assumed wage which
shall be deemed to be the entire net income from self-employment minus
investment income as reported to the state department of taxation and
finance.

If earnings as so computed do not fairly represent normal earnings of
the civil defense volunteer, there may be a redetermination more
accurately to reflect earnings and the chairman may by rule prescribe
reasonable procedures for such redetermination.

If the compensation of a civil defense volunteer can not be computed
either on the basis of actual wages or wages of a similar worker, the
compensation of such civil defense volunteer shall be at the rate
provided in section fifteen subdivision six as the minimum rate for
disability or, in case of death, on the basis of assumed wages which
shall be deemed not to be less than the minimum provided in section
sixteen subdivision five.