CHAP. 629. 	AN ACT PROVIDING THAT CERTAIN COMPENSATION SHALL BE PAID BY THE COMMONWEALTH TO DEPENDENTS OF AN OFFICER OR ENLISTED PERSON OF THE ARMED FORCES OF THE COMMONWEALTH IN CASE OF DEATH RESULTING FROM INJURY, SICKNESS OR DISEASE WHILE PERFORMING ANY MILITARY DUTIES FOR WHICH HIS DEPENDENTS ARE ENTITLED TO COMPENSATION FROM THE UNITED STATES. 
Be it enacted, etc., as follows: 
SECTION 1. Chapter 33 of the General Laws is hereby amended by striking out section 88, as appearing in section 1 of chapter 590 of the acts of 1954, and inserting in place thereof the following section:­Section 88. An officer or enlisted person of the armed forces of the com­monwealth, while performing any military duty lawfully ordered under any provision of this chapter, or a person not a member of the armed 
526 ACTS, 1958. -CHAP.. 630. 
force of sthe commonwealth, but who is the owner, or is employed by the owner of a motor vehicle lawfully loaned to or hired by the common­wealth under section eighty-nine and whose services are loaned or given to the commonwealth for any purpose set forth in said section, or a person rendering assistance to any of the armed forces of the common­wealth in connection with the use of a motor vehicle under any provision of section eighty-nine by request or order of any responsible officer of said armed forces and who by reason of such voluntary action, em­ployment or assistance and without fault or neglect on his part, receives any injury, is disabled, or contracts any sickness or disease, incapaci­tating him from pursuing his usual business or occupation, shall, during the period of such incapacity, receive compensation to be fixed by a board appointed under the provisions of section ninety to inquire into his claim, and actual necessary expenses for medical services and care, medicines and hospitalization. In case of death resulting from such injury, sickness or disease, except in the case of any such death for which compensation is payable under the provisions of the second paragraph of this section, compensation shall be paid to the decedent's dependents, as determined in accordance with clause (3) of section one and section thirty-two of chapter one hundred and fifty-two, in the amounts pro­vided by and otherwise subject to section thirty-one of said chapter; provided, that dependents other than widows and children shall receive compensation to be fi.-..,:ed by said board, which shall exercise all the powers given by said provisions of chapter one hundred and fifty-two to the division of industrial accidents. 
In case of death, resulting from injury, sickness or disease, of an officer or enlisted person of the armed forces of the commonwealth while performing any military duty for which he or his dependents are entitled to benefits or compensation from the United States, and not­withstanding any rights to or receipt of such benefits or compensation, or both, compensation in the amount of twenty-five dollars weekly for a period of two hundred weeks shall be paid to the decedent's dependents, as determined in accordance with clause (3) of section one and section thirty-two of chapter one hundred and fifty-two; provided, however, that no such compensation shall be so paid unless the board finds that the injury, sickness or disease resulting in such death was without fault or neglect on the part of the decedent. 
For the purposes of this section a parent shall be conclusively pre­sumed to be wholly dependent for support upon a child under twenty­one years of age. 
SECTION 2. Section 90 of said chapter 33, as so appearing, is hereby amended by inserting after the word "shall", in line 6, the words: ­except as otherwise provided in section eighty-eight. 
Approved October 7, 1958.