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Emergency Law Inventory | Full Law Text

Law Number

42 USCS 300hh-11(d)

Summary Title

Workers' Compensation: Intermittent Disaster Response Personnel

Summary

Intermittent disaster response personnel are entitled to workers' compensation when injured in the performance of their duty.

Full Title

National Disaster Medical System

Full Text

(d) Certain employment issues regarding intermittent appointments.(1) Intermittent disaster-response appointee. For purposes of this subsection, the term "intermittent disaster-response appointee" means an individual appointed by the Secretary under subsection (c). (2) Compensation for work injuries.(A) In general. An intermittent disaster-response appointee shall, while acting in the scope of such appointment, be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions, and an injury sustained by such an individual shall be deemed "in the performance of duty", for purposes of chapter 81 of title 5, United States Code [5 USCS §§ 8101 et seq.], pertaining to compensation for work injuries. (B) Application to training programs. With respect to the participation of individuals appointed under subsection (c) in training programs authorized by the Assistant Secretary for Preparedness and Response or a comparable official of any Federal agency specified in subsection (a)(2)(B), injuries sustained by such an individual, while acting within the scope of such participation, also shall be deemed "in the performance of duty" for purposes of chapter 81 of title 5, United States Code [5 USCS §§ 8101 et seq.] (regardless of whether the individuals receive compensation for such participation). (C) Responsibility of Labor Secretary. In the event of an injury to such an intermittent disaster-response appointee, the Secretary of Labor shall be responsible for making determinations as to whether the claimant is entitled to compensation or other benefits in accordance with chapter 81 of title 5, United States Code [5 USCS §§ 8101 et seq.]. (D) Computation of pay. In the event of an injury to such an intermittent disaster response appointee, the position of the employee shall be deemed to be "one which would have afforded employment for substantially a whole year", for purposes of section 8114(d)(2) of such title [5 USCS § 8115(d)(2)]. (E) Continuation of pay. The weekly pay of such an employee shall be deemed to be the hourly pay in effect on the date of the injury multiplied by 40, for purposes of computing benefits under section 8118 of such title [5 USCS § 8118].