Mass. Gen. Laws ch. 33, sec. 88 — MA Code / Part I / Title V / Chapter 33 / Section 88
Death or disability compensation
Status: in_force

Section 88. (a) An officer or enlisted person of the Massachusetts organized militia who, while performing any duty lawfully ordered under this chapter without willful neglect on the part of the person, receives injury, is disabled or contracts a sickness or disease that incapacitates the person from pursuing the person's usual business or occupation shall, during the period of incapacity, receive compensation to be fixed by a board appointed under section 90 to inquire into the claim and the actual and necessary expenses for medical services and care, medicines and hospitalization or replacement or repair of eyeglasses, dentures or prosthetic devices worn or carried and amounts related to lost wages. (b) If the death of a member of the Massachusetts organized militia results from injury, sickness or disease received while in the line of duty pursuant to orders under titles 10 and 32 of the United States Code or this chapter and the injury, sickness or disease resulting in the death was not the result of the decedent's willful neglect, a single payment of $200,000 shall be paid to the surviving spouse; provided, however, that if there is no surviving spouse, the amount shall be paid in equal shares to the children of the decedent; provided further, that if there is no surviving spouse and no children, the amount shall be paid in equal shares to the surviving parents of the decedent, and if there are no surviving parents, the amount shall be paid in equal shares to the surviving siblings. (c) For the purposes of subsection (b), parents shall include fathers and mothers through adoption; provided, however, that preference to any claim as the decedent's parents shall be given to those who exercised a relationship on the date, or most nearly before the date, on which the decedent began their lawful duty as a member of the Massachusetts organized militia. (d) Subsection (b) shall apply to service members whose death occurred on or after April 2, 2019 and those who have not received a final decision from the board of compensation as appointed under section 90. (e) All claims presented under this section shall be made in the manner provided in section 90.

Section 88. (a) An officer or enlisted person of the Massachusetts organized militia who, while performing any duty lawfully ordered under this chapter without willful neglect on the part of the person, receives injury, is disabled or contracts a sickness or disease that incapacitates the person from pursuing the person's usual business or occupation shall, during the period of incapacity, receive compensation to be fixed by a board appointed under section 90 to inquire into the claim and the actual and necessary expenses for medical services and care, medicines and hospitalization or replacement or repair of eyeglasses, dentures or prosthetic devices worn or carried and amounts related to lost wages.

(b) If the death of a member of the Massachusetts organized militia results from injury, sickness or disease received while in the line of duty pursuant to orders under titles 10 and 32 of the United States Code or this chapter and the injury, sickness or disease resulting in the death was not the result of the decedent's willful neglect, a single payment of $200,000 shall be paid to the surviving spouse; provided, however, that if there is no surviving spouse, the amount shall be paid in equal shares to the children of the decedent; provided further, that if there is no surviving spouse and no children, the amount shall be paid in equal shares to the surviving parents of the decedent, and if there are no surviving parents, the amount shall be paid in equal shares to the surviving siblings.

(c) For the purposes of subsection (b), parents shall include fathers and mothers through adoption; provided, however, that preference to any claim as the decedent's parents shall be given to those who exercised a relationship on the date, or most nearly before the date, on which the decedent began their lawful duty as a member of the Massachusetts organized militia.

(d) Subsection (b) shall apply to service members whose death occurred on or after April 2, 2019 and those who have not received a final decision from the board of compensation as appointed under section 90.

(e) All claims presented under this section shall be made in the manner provided in section 90.