21-5-609. Benefits for emergency service volunteer workers.

21-5-609. Benefits for emergency service volunteer workers. (a) Benefits payable for the injury or death of a person appointed and regularly enrolled in an emergency services organization and covered by this subchapter shall be limited to the provisions of the Workers' Compensation Law, § 11-9-101 et seq. Such benefits are payable if the injury or death occurred while the person was: (1) Actually engaged in emergency service duties, either during training or during a period of emergency; and (2) Under the supervision and instruction and subject to the order or control of, or serving pursuant to a request of, the Governor, the Arkansas Department of Emergency Management, or the chief executive officer of a county or local government unit making use of emergency volunteer workers. (b) The remedy provided in this section shall be the exclusive remedy as against the state and political subdivisions of the state. (c)(1) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, all duly registered and qualified emergency services volunteer workers shall be deemed local government or state employees and shall receive compensation and their survivors shall receive death benefits in the same manner as regular local government or state employees for injury or death arising out of and in the course of their activities as emergency services volunteer workers. (2)(A) If an emergency services volunteer worker is injured or killed while subject to the order or control of a local government, compensation and benefits shall be charged against the applicable local government's experience rate and paid from the appropriate state workers' compensation fund. (B) If the emergency services volunteer worker was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the state agency which exercised order or control at the time of injury or death and paid from the appropriate state workers' compensation fund. (d)(1) For the purpose of subsection (c) of this section, the weekly compensation benefits for an emergency services volunteer worker who receives no monetary compensation for services rendered as such a worker shall be calculated based upon the wages received from his or her regular or usual employment, the same as a regular local or state employee, with respect to injury, disability, or death. (2) The reimbursement of twenty-five dollars ($25.00) or less for out-of-pocket expenses for gasoline, oil, uniforms, required equipment, or similar expenses incurred in response to an emergency situation shall not be construed to be monetary compensation for the emergency services volunteer worker.