§ 307 — Computation of benefits

§ 307. Computation of benefits. Compensation of a civil defense\nvolunteer under this article shall be computed on the basis of his wages\nduring the year preceding injury, in case of disability under the\nprovisions of section fourteen subject to the limitations of section\nfifteen subdivision six, and in case of death under the provisions of\nsection sixteen subdivision five; and "wages" shall be as defined in\nsection two subdivision nine.\n Compensation of a civil defense volunteer who was self-employed at the\ntime of injury shall be computed, whether for disability or death, on\nthe basis of the wages of a similar worker determined under the\nprovisions of section fourteen unless the self-employed volunteer, or a\ndependent in a death case, shall authorize the state commissioner of\ntaxation and finance to furnish to the chairman a copy of the income tax\nreturn of the civil defense volunteer filed to report income of the year\nnext preceding the date of injury, in which event compensation under\nthis article shall be computed on the basis of an assumed wage which\nshall be deemed to be the entire net income from self-employment minus\ninvestment income as reported to the state department of taxation and\nfinance.\n If earnings as so computed do not fairly represent normal earnings of\nthe civil defense volunteer, there may be a redetermination more\naccurately to reflect earnings and the chairman may by rule prescribe\nreasonable procedures for such redetermination.\n If the compensation of a civil defense volunteer can not be computed\neither on the basis of actual wages or wages of a similar worker, the\ncompensation of such civil defense volunteer shall be at the rate\nprovided in section fifteen subdivision six as the minimum rate for\ndisability or, in case of death, on the basis of assumed wages which\nshall be deemed not to be less than the minimum provided in section\nsixteen subdivision five.\n