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Legal Resources | Labor Code |  LC  4386  

State benefits reduced by federal benefits.   

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Monetary assistance. Should the United States government or any agent thereof, in accordance with any federal statute or rule or regulation, furnish monetary assistance, benefits, or other temporary or permanent relief to disaster service workers or to disaster service workers and their dependents for injuries arising out of and occurring in the course of their activities as disaster service workers, then the amount of compensation which any disaster service worker or his dependents are otherwise entitled to receive from the State of California under Division 4 (commencing with Section 3201) of the Labor Code for any injury shall be reduced by the amount of monetary assistance, benefits, or other temporary or permanent relief the disaster service worker or his dependents have received and will receive from the United States or any agent thereof as a result of the injury.

Medical, surgical, and hospital assistance. If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States government or any agent thereof furnishes medical, surgical or hospital treatment or any combination thereof to an injured disaster service worker, then the disaster service worker has no right to receive similar medical, surgical or hospital treatment under Division 4 (commencing with Section 3201) of the Labor Code. However, the State Compensation Insurance Fund, as adjusting agent of the California Emergency Council, may furnish medical, surgical or hospital treatment as part of the compensation provided in Division 4 (commencing with Section 3201) of the Labor Code in addition to that furnished by the United States government or its agents.

Reimbursement for medical, surgical, and hospital treatment; assignment of federal assistance rights. If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States government or any agent thereof will reimburse a disaster service worker or his dependents for medical, surgical or hospital treatment, or any combination thereof, furnished to the injured disaster service worker, the disaster service worker has no right to receive similar medical, surgical or hospital treatment under Division 4 (commencing with Section 3201) of the Labor Code, but the State Compensation Insurance Fund, as adjusting agent of the California Emergency Council, may furnish medical, surgical or hospital treatment as part of the compensation provided in Division 4 (commencing with Section 3201) of the Labor Code and apply to the United States government or its agent for the reimbursement which will be made to the disaster service worker or his dependents. As a condition to the furnishing of such medical, surgical or hospital treatment, the State Compensation Insurance Fund shall require the disaster service worker and his dependents to assign to the State of California, for the purpose of reimbursing for any medical, surgical or hospital treatment furnished or to be furnished by the state, any privilege or right such disaster service worker or his dependents may have to reimbursement from the United States government or any agent thereof.

State compensation precluding federal assistance; priority of federal assistance. If the furnishing of compensation under the provisions of Division 4 (commencing with Section 3201) of the Labor Code to a disaster service worker or his dependents prevents such disaster service worker or his dependents from receiving assistance, benefits or other temporary or permanent relief under the provisions of a federal statute or rule or regulation, then the disaster service worker and his dependents shall have no right to, and shall not receive, any compensation from the State of California under the provisions of Division 4 (commencing with Section 3201) of the Labor Code for any injury for which the United States government or any agent thereof will furnish assistance, benefits or other temporary or permanent relief in the absence of the furnishing of compensation by the State of California.

(Amended by Stats. 1971, Ch. 438, Sec. 148.)