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



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



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



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



(1)  In any case where a totally disabled person is
receiving the maximum allowed under this chapter at the time the award was
made, the supplemental allowance shall be an amount which, when added to such
award, will equal the maximum allowance effective as of the date of this
section.



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



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



 



Revision Note



 



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