§128-17 - Rights under chapter 386.
§128-17 Rights under chapter 386. In
case of injury or death arising out of and in the performance of duty pursuant
to this chapter, including duty performed during periods of training, all
persons having the status of officers or employees of the State or a political
subdivision, pursuant to sections 128-15 and 128-16, and their dependents,
shall be entitled to all of the benefits provided in chapter 386, including
medical services and supplies, and in case of the injury or death no public
official shall be excluded from the coverage of chapter 386 by reason of being
an elected official. For the purposes of the benefits, average weekly wages
shall be computed upon the basis set forth in section 386-51, or upon the basis
of earnings from the usual employment of the person, or upon the basis of
earnings at the rate of $20 per week, whichever is most favorable to the
claimant or claimants. The costs thereof, in cases of state employees, shall
be a charge upon the state insurance fund; provided that the governor may
effect such insurance in respect of the obligations assumed pursuant to this
section and section 128-10(3) as may be available under any act of Congress.
Nothing herein shall adversely affect the right of any person to receive any
benefits or compensation under any act of Congress. [L 1951, c 268, pt of §2;
RL 1955, §359-17; HRS §128-17]