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The 190th General Court of the Commonwealth of Massachusetts

Section 88: Death or disability compensation

Section 88. An officer or enlisted person of the military division, while performing any duty lawfully ordered under this chapter, or a person who is not a member of the armed forces of the commonwealth but is the owner or is employed by the owner of a motor vehicle lawfully loaned to or hired by the commonwealth under section 89 and whose services are loaned or given to the commonwealth for any purpose set forth in said section, or a person rendering assistance to any of the armed forces of the commonwealth in connection with the use of a motor vehicle under section 89 by request or order of any responsible officer of said armed forces and who by reason of such voluntary action, employment or assistance and without fault or neglect on the part of the person, receives an injury, is disabled or contracts a sickness or disease that incapacitates the person from pursuing the person's usual business or occupation shall, during the period of incapacity, receive compensation to be fixed by a board appointed under section 90 to inquire into the claim and actual and necessary expenses for medical services and care, medicines and hospitalization or replacement or repair of eyeglasses, dentures or prosthetic devices worn or carried. If a death results from such injury, sickness or disease, except in the case of a death for which compensation is payable under the second paragraph of this section, compensation shall be paid to the dependents of the decedent, as determined under clause (3) of section 1 and section 32 of chapter 152, in the amounts provided by and otherwise subject to section 31 of said chapter 152; provided, however, that dependents other than widows and children shall receive compensation to be fixed by the board which shall exercise all the powers given by said chapter 152 to the division of industrial accidents.

If the death of a member of the Massachusetts national guard results from injury, sickness or disease received while in the line of duty pursuant to orders under titles 10 and 32 of the United States Code or this chapter and the injury, sickness or disease resulting in the death was not the result of the decedent's fault or neglect, a single payment of $100,000 shall be paid to the surviving spouse. If there is no surviving spouse, the amount shall be paid to the children of the decedent in equal shares. If there is no surviving spouse and no children, the surviving mother and father of the decedent, if the father and mother were dependent on the decedent for support at the time of the decedent's death, shall each receive $50,000. If only 1 parent was dependent on the decedent for support at the time of the decedent's death, the parent shall receive $100,000. The standard for dependency shall be determined in accordance with said clause (3) of said section 1 and said section 32 of said chapter 152. All claims presented under this section shall be made in accordance with the procedure provided for in section 90.