[§78-24]  Injured employee; liability of
third persons.  (a)  Whenever any police officer, firefighter, or any other
officer or employee who is temporarily exposed to unusually hazardous
conditions, or who is a member of a class, recognized by the action of pricing,
to be a class exposed to unusually hazardous conditions, receives personal
injury arising out of and in the performance of duty and without negligence on
the employee's part, the employee shall be placed on accidental injury leave
unless suspended or discharged for cause.  The employee shall be continued on
the department's payroll, as though the employee did not sustain an industrial
injury, 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 disability
from work at sixty per cent of the employee's regular monthly salary.



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



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