(1) (a) Before a service member may be considered disabled in accordance with this section, the Adjutant General shall determine whether the service member's illness, injury, or disease was contracted or occurred through the fault or gross negligence of the service member. If the service member is determined to be at fault for an injury or developed a disability through his or her own grossly negligent actions, the service member is not entitled to any care, pension, or benefit in accordance with this section. (b) Notwithstanding Subsection (1)(a) the service member may be eligible for benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act. (2) A member of the Utah National Guard or Utah State Defense Force who is disabled through illness, injury, or disease contracted or incurred while on state active duty or while reasonably proceeding to or returning from duty is eligible to receive workers' compensation benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act. (3) (a) If the disability temporarily incapacitates the service member from pursuing the service member's usual business or occupation, the service member is eligible to receive workers' compensation benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act. (b) For the duration of the service member's inability to pursue a business or occupation, the adjutant general shall provide compensation so that the total compensation, including the disability compensation received under Subsection (3)(a) is commensurate with the injured service member's lost pay. The adjutant general shall consider lost civilian and military pay in the compensation. (4) A service member who is permanently disabled, shall receive pensions and benefits from the state that individuals under like circumstances in the Armed Forces of the United States receive from the United States. (5) If a service member dies as a result of an injury, illness, or disease contracted or incurred while on state active duty or while reasonably proceeding to or returning from active duty, the surviving spouse, minor children, or dependent parents of the service member shall receive compensation as directed in Section 39A-3-203. (6) Costs incurred by reason of this section shall be paid out of the funds available to the Utah National Guard. (7) The adjutant general, with the approval of the governor, shall make and publish regulations to implement this section. (8) Nothing in this section shall in any way limit or condition any other payment to a service member that the law allows.
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