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State Employee Workers' Compensation Benefits SECTION 42. Section 58 of said chapter 30, as so appearing, is hereby amended by striking the fourth paragraph and inserting in place thereof the following:-Notwithstanding the provisions of this section, an employee who, while in the performance of duty, receives bodily injuries resulting from acts of violence of patients or prisoners in his custody, and who as a result of such injury would be entitled to benefits under sections 34 and 34A of said chapter 152 shall be paid the difference between his regular salary and the weekly cash benefits to which he would be entitled under said chapter 152; or, under chapter 152, section 35, shall be paid the difference between his regular salary and the sum of the weekly cash benefits to which he would be entitled under said chapter 152 and an assigned or agreed upon earning capacity. Employees who are separated from employment by way of resignation or retirement shall not be entitled to payments under this section. |