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Budget Recommendations
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Outside Section 72
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Amendment to Assault Pay Statute
SECTION 72.
Section 58 of said chapter 30, as so appearing, is hereby amended by striking the fourth paragraph and inserting in place thereof the following paragraph:-
Notwithstanding the provisions of this section, an employee who, while in the performance of duty, receives bodily injuries resulting from the acts of violence of patients or prisoners in his custody, and who as a result of such injury would be entitled to benefits under said chapter 152, section 34 or section 34A, shall be paid the difference between the weekly cash benefits to which he would be entitled under said chapter 152 and his regular salary; 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 for any reason, including but not limited to, resignation, termination or retirement, shall not be entitled to payments under this section. In addition, employees who refuse to meet with or participate in vocational rehabilitation pursuant to chapter 152 section 30G shall not be entitled to payments under this section. Any benefit provided by this section shall not pay the employee more than his regular base net pay as stated on their last payroll statement prior to the injury, minus an assigned or agreed upon earning capacity, if applicable.
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