Casualty Insurance for the Militia

California’s Military and Veterans Code, in Division 2, Part 1, Chapter 5, Article 3, provides for casualty insurance for the state’s militia.

Section 340 states that 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, 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 receive compensation.

Pursuant to the state’s Labor Code, for these purposes, the member is deemed to be an employee of the state. The compensation is 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 cannot exceed the maximum prescribed in the Labor Code.

Section 340.1 provides that 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, except an officer, warrant officer, or enlisted member on full-time duty with the Office of the Adjutant General, who is wounded, injured, or disabled in the active service of the state in the line of duty must be retained on active duty and receive regular military pay and allowances for not to exceed 52 weeks from the date of wounding, injury, or disability, regardless of the date of expiration of the period of state active duty, unless any of three specified circumstances apply.

In addition, a member who has received benefits and who is unable to return to his or her regular civilian employment following 52 weeks after the date of wounding, injury, or disability is entitled to compensation under the Labor Code.

Section 340.2 specifies that 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, who, while in that active service, is transferred by the California National Guard or other military authority to any other state or local agency for purposes of fulfilling active service requirements pursuant to either a mutual aid agreement or an interagency agreement and is wounded, injured, or disabled in the line of duty, is entitled to the benefits provided.

Section 341 requires, in the determination of the benefits to be awarded any member of the militia or his dependents, it to be conclusively presumed that the average yearly earning of an injured or deceased member is not less than $2,500. Any injury, death, or disability is deemed to have been suffered in the line of duty unless the same resulted from misconduct or disobedience of lawful orders by the injured or deceased member.

Section 342 authorizes the appeals board to hear and determine all issues concerning any obligation of the State of California to provide to any officer, warrant officer, or enlisted person on active duty with the Office of the Adjutant General any rights or benefits provided and any issues arising under or in connection with that law.

In addition, the appeals board must follow the same procedures in all respects as are provided in Division 4 (commencing with Section 3200) of the Labor Code for the determination of workers’ compensation claims.