§386-23.5  Services of attendant, allowanceadjustments.  (a)  When the maximum allowed for procurement of services ofan attendant as provided in section 386-23 is changed by law, any employee whohas been totally and continuously disabled and has been awarded and isreceiving a sum under this chapter to procure such services in an amount whichis less than the new maximum allowed for this purpose shall be entitled, uponapplication, to a supplemental allowance calculated in accordance with thefollowing provisions:

(1)  In any case where a totally disabled employee isreceiving the maximum allowed at the time the award was made, the supplementalallowance shall be an amount which, when added to such award, will equal thenew maximum allowance.

(2)  In any case where a totally disabled employee isreceiving less than the maximum allowed at the time the award was made, thesupplemental allowance shall be an amount equal to the difference between theamount the disabled employee is receiving and a percentage of the new maximumallowance by multiplying it by a fraction, the numerator of which is the amountthe employee is receiving and the denominator of which is the maximum monthlyallowance applicable at the time such award was made.

(b)  As of July 1, 1973, any employee whohas been totally and continuously disabled and has been awarded and isreceiving a sum under this chapter to procure services of an attendant in anamount which is less than the maximum allowed for this purpose, shall beentitled, upon application, to an additional amount calculated in accordancewith the following provisions:

(1)  In any case where a totally disabled person isreceiving the maximum allowed under this chapter at the time the award wasmade, the supplemental allowance shall be an amount which, when added to suchaward, will equal the maximum allowance effective as of the date of thissection.

(2)  In any case where a totally disabled person isreceiving less than the maximum allowed under this chapter at the time theaward was made, the supplemental allowance shall be an amount equal to thedifference between the amount the disabled employee is receiving and apercentage of the maximum allowance as of July 1, 1973, by multiplying itby a fraction, the numerator of which is the amount the employee is receivingand the denominator of which is the maximum monthly allowance applicable at thetime such award was made.

(c)  Any supplemental allowances awarded by thedirector pursuant to this section shall be paid to the employee from thespecial compensation fund. [L 1973, c 101, §1; gen ch 1985]

 

Revision Note

 

  "July 1, 1973" substituted for "theeffective date of this section".