29A.27 - PAY AND ALLOWANCES -- INJURY OR DEATH BENEFIT BOARDS -- JUDICIAL REVIEW -- DAMAGES.
29A.27 PAY AND ALLOWANCES -- INJURY OR DEATH BENEFIT
BOARDS -- JUDICIAL REVIEW -- DAMAGES.
Officers and enlisted persons while in state active duty shall
receive the same pay, per diem, and allowances as are paid for the
same rank or grade for federal service. However, a person shall not
be paid at a base rate of pay of less than one hundred dollars per
calendar day of state active duty.
In the event any officer or enlisted person shall be killed while
on duty or in state active duty, in line of duty, or shall die as the
result of injuries received or as a result of illness or disease
contracted while on duty or in state active duty, in line of duty,
dependents, as defined by the workers' compensation law of the state,
shall receive the maximum compensation provided by such law.
Any officer or enlisted person who suffers injuries or contracts a
disease causing disability, in line of duty, while on duty or in
state active duty, shall receive hospitalization and medical
treatment, and during the period that the officer or enlisted person
is totally disabled from returning to military duty the officer or
enlisted person shall also receive the pay and allowances of the
officer's or enlisted person's grade. In the event of partial
disability, the officer or enlisted person shall be allowed partial
pay and allowances as determined by an evaluation board of three
officers to be appointed by the adjutant general. At least one
member of the board shall be a medical officer.
Any claim for death, illness, or disease contracted in line of
duty while on duty or in state active duty, shall be filed with the
adjutant general within six months from the date of death or
contraction of the illness or disease.
Where the provisions of this section may be applicable or at other
times as considered necessary, but at least once a year, the adjutant
general shall appoint a state review board consisting of three
officers, one of whom shall be a medical officer, for the purpose of
determining the continuation of benefits for individuals who have
established their eligibility under this section. Once established,
benefits shall be paid until terminated by the review board and shall
continue for the duration of the disability even though the
individual may no longer be medically qualified for military service
and may have been discharged from the national guard.
Judicial review of any decision of the evaluation or state review
board may be sought in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A. Notwithstanding the terms
of the Iowa administrative procedure Act, chapter 17A, petitions for
judicial review must be filed within a period of thirty days from
date of mailing by the adjutant general by certified mail of notice
of the board's decision. Within thirty days after the filing of a
petition for judicial review, the adjutant general shall make,
certify, and file in the office of the clerk of the district court in
which the judicial review is sought a full and complete transcript of
all documents in the proceeding. The transcript shall include any
depositions and a transcript or certification of the evidence, if
reported. The attorney general of Iowa, upon the request of the
adjutant general, shall represent the board appointed by the adjutant
general against whom any such appeal has been instituted.
The provisions herein provided shall apply to all individuals
receiving benefits under this section or who subsequently may become
entitled to such benefits.
All payments herein provided for shall be paid on the approval of
the adjutant general from the contingent fund of the executive
council.
In the event benefits for death, injuries or illness are paid in
part by the federal government, the state shall pay only the balance
necessary to constitute the above designated amounts.
No payment received by any officer or enlisted person under the
provisions of this section shall bar the right of such officer or
enlisted person, or their heirs or representatives, to recover
damages from any partnership, corporation, firm or persons whomsoever
who otherwise would be liable, nor shall any such sums received under
the provisions of this section reduce the amount of damages
recoverable by such officer, enlisted person, or their heirs or
representatives, against any partnership, corporation, firm or
persons whomsoever who otherwise would be liable. Section History: Early Form
[C51, § 625; R60, § 1006; C73, § 1051; C97, § 2189, 2212, 2213;
S13, § 2215-f23; C24, 27, 31, § 452; C35, § 467-f21, -f31; C39, §
467.21, 467.31; C46, 50, § 29.21, 29.31; C54, 58, 62, § 29.27;
C66, 71, 73, 75, 77, 79, 81, § 29A.27] Section History: Recent Form
84 Acts, ch 1170, § 1; 92 Acts, ch 1238, § 15; 99 Acts, ch 99, §1;
2001 Acts, 2nd Ex, ch 1, §15, 28; 2003 Acts, ch 44, §114
Workers' compensation, see chapter 85