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Outside Section 23


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Assault Pay Reform

SECTION 23.   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 or her custody, and who as a result of such injury would be entitled to benefits under sections 34 or 34A of said chapter 152, shall be paid the difference between his or her weekly cash benefits to which he or she would be entitled under said chapter 152 and his regular salary; or, under section 35 of chapter 152, shall be paid the difference between his or regular salary and the sum of the weekly cash benefits to which he or she 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 section 30G of chapter 152 shall not be entitled to payments under this section. Any benefit provided by this section shall not pay the employee more than his or her 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. To the extent benefits provided by this section are excluded from federal gross income, they shall be added back to the recipient's Massachusetts gross income for purposes of chapter 62.