Page:United States Statutes at Large Volume 70A.djvu/442

384 384 this subsection, a member who is not in a pay status shall be treated as though he were receiving the pay and allowances to which he would be entitled if serving on active duty. (b) A member of the Naval Keserve, the Fleet Reserve, the Marine Corps Reserve, or the Fleet Marine Corps Reserve who is ordered to active duty, other than active duty for training, for a period of more than 30 days, and is disabled in line of duty from disease while so employed, or the beneficiary of such a member who dies from such a disease, is entitled to the same pension, compensation, death gratuity, hospital benefits, and pay and allowances as are provided by law or regulation in the case of a member of the Regular Navy or the Regular Marine Corps of the same grade and length of service. (c) A member of the Naval Reserve or the Marine Corps Reserve who, in time of peace, is injured in line of duty while on active duty or performing inactive-duty training, or while on authorized travel to or from such duty or training, or the beneficiary of such a member who dies from such an injury, is entitled to the same benefits administered by the Secretary of Labor as are provided for civilian employees of the United States who are injured in line of duty or who die as a result of such an injury. I n determining whether a member is entitled to the benefits administered by the Secretary of Labor, sickness or disease may not be considered as an injury. For the purpose of this subsection, a member who is not in a pay status shall be treated as though he were receiving the pay and allowances to which he would be entitled if serving on active duty. The Secretary of Labor has jurisdiction of any case in which a benefit is awarded under this subsection. (d) A member of the Naval Reserve or the Marine Corps Reserve who, in time of peace, becomes ill or contracts disease in line of duty while he is on active duty or performing inactive-duty training is entitled to receive at Government expense medical, hospital, and other treatment appropriate for that illness or disease. The treatment shall be continued until the disability resulting from the illness or disease cannot be materially improved by further treatment. Such a member is also entitled to necessary transportation and subsistence incident to treatment and return to his home upon discharge from treatment. The treatment may not extend beyond ten weeks after the member is released from active duty, except— (1) upon an approved recommendation of a board of medical survey consisting of one or more officers in the Medical Corps; or (2) upon authorization of the Surgeon General, based on the certificate of a reputable physician that the illness or disease is a continuation of the illness or disease for which the member was initially treated and that benefit will result from further treatment. (e) If a person is entitled to benefits under more than one of the preceding subsections, or if he is entitled to benefits under any of the preceding subsections and under— (1) section 6327 of this title; or (2) the Act of June 23, 1937, ch. 376 (50 Stat. 305),; he must elect the provision that is to be applied to him. (f) For the purpose of determining entitlement to benefits under the Act of June 23, 1937, ch. 376 (50 Stat. 305), a member who is on active duty, who is performing inactive-duty training, or who is on ++

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