[§78-24]  Injured employee; liability ofthird persons.  (a)  Whenever any police officer, firefighter, or any otherofficer or employee who is temporarily exposed to unusually hazardousconditions, or who is a member of a class, recognized by the action of pricing,to be a class exposed to unusually hazardous conditions, receives personalinjury arising out of and in the performance of duty and without negligence onthe employee's part, the employee shall be placed on accidental injury leaveunless suspended or discharged for cause.  The employee shall be continued onthe department's payroll, as though the employee did not sustain an industrialinjury, as follows:

(1)  During the first four months of the disability,at the employee's full regular monthly salary; and

(2)  Thereafter, during the period of total disabilityfrom work at sixty per cent of the employee's regular monthly salary.

The employee shall be entitled to all rights andremedies allowed under chapter 386; provided that any salary paid under thissection shall be applied on account of any compensation allowed under chapter386 or any benefits awarded under part III of chapter 88 to the employee.

(b)  When the employer pays benefits to orincurs medical expenses on behalf of any of its employees under this sectionfor any injury sustained under circumstances creating in some person or entityother than the employer a legal liability to pay damages in respect thereto,the employer or the employee may proceed against such third persons and recoverall payments made, paid, or due under this section.  The employer or employeeshall have all of the rights and remedies contained in or provided for undersection 386-8. [L 2000, c 253, pt of §74]