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The 191st General Court of the Commonwealth of Massachusetts

Section 88: Death or disability compensation

Section 88. An officer or enlisted person of the organized militia who, while performing any duty lawfully ordered under this chapter without willful neglect on the part of the person, receives injury, is disabled or contracts a sickness or disease which 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 the 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, and amounts related to lost wages. If the death of a member of the Massachusetts organized militia 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 willful neglect, a single payment of $100,000 shall be paid to the surviving spouse; provided, however, that if there is no surviving spouse, the amount shall be paid to the children of the decedent in equal shares; provided further, that if there is no surviving spouse and no children, the surviving parents of the decedent, if the parents were dependent on the decedent for support at the time of the decedent's death, shall each receive $50,000; and provided further, that if there is no surviving spouse and no children, and only 1 surviving parent was dependent on the decedent for support at the time of the decedent's death, that parent shall receive $100,000. For purposes of this section, the standard for dependency shall be determined in accordance with clause (3) of section 1 of chapter 152 and section 32 of said chapter 152. All claims presented under this section shall be made in the manner provided in section 90.