§ 216. Pay and care when injured or disabled in service. 1. Any member of the organized militia who shall, when on duty or assembled therefor, in case of riot, tumult, breach of peace, insurrection or invasion, or whenever ordered by the governor, the commanding general of the New York army national guard, the commander of the New York air national guard, the commanding officer of the naval militia, or the commanding general of the New York guard, or called in aid of civil authorities, receive any wound or injury or shall incur or contract any disability or disease, by reason of such duty or assembly therefor, or who shall without fault or neglect on his part be wounded or disabled while performing any lawfully ordered duty, which shall incapacitate him from pursuing his usual business or occupation shall receive the pay and allowances provided by this chapter and the actual necessary expenses for care and medical attendance during the period of such incapacity not exceeding ninety days. If authority therefor is granted by the chief of staff of the state, pay and allowances provided by this chapter may be allowed for an additional period not exceeding ninety days and expenses for such care and medical attendance as are necessary for the appropriate treatment of the wound, injury, disease or disability may be allowed until the incapacity resulting from such wound, injury, disease, or disability can not be materially improved by further care or treatment. The determination of whether such injury or disease was incurred while performing such lawfully ordered duty shall be in accordance with this section and such regulations as may be prescribed by the adjutant general.

2. None of the benefits provided by subdivision one of this section shall be paid or allowed unless a claim therefor is presented to the chief of staff within one year after the date when such wound, injury, disease or disability was incurred or contracted. None of the benefits provided by subdivision one of this section and by section two hundred nineteen of this article shall be paid or allowed by the state for any period during which such a member of the organized militia is entitled to receive the same as a charge against federal funds.

3. a. Where a claim is made under this section the chief of staff may cause examinations of the claimant to be made from time to time by a physician, surgeon or dentist designated for the purpose by the chief of staff, and he may direct the removal of a claimant to, and his treatment in, a hospital designated by the chief of staff, and if the claimant refuses to permit any such examination or if he refuses to go to such hospital or to follow the advice given or treatment prescribed for him therein, he shall thereby forfeit and be barred from all right to any claim or allowance under this section.

b. The chief of staff may appoint a medical examiner or a board of three officers, at least one of whom shall be a medical officer, to inquire into the merits of any claim presented under this section, and to recommend the amount or amounts, if any, to be paid or allowed under this section, or he may, in his discretion, determine any claim without appointing a medical examiner or board and fix the amount to be paid or allowed under this section. If no medical officer is available, such medical examiner or medical officer on such board may be a civilian physician, surgeon or dentist.

c. A medical examiner or board appointed under this section shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and to produce books and papers and to punish their failure to do so as is possessed by military courts.

d. The findings and recommendations of the medical examiner or board shall be submitted to the chief of staff who may return the proceedings to such examiner or board for reconsideration or for taking further testimony and who shall approve or disapprove the claim and fix the amount, if any, to be paid or allowed under this section. The amount so fixed by the chief of staff shall be a charge against and be paid in the manner provided by this chapter, by the county or city in which such duty was rendered, in every case where a county or city is by this chapter made liable to pay for the performance of military duty. In all other cases such amount shall be paid by the state in like manner as other military accounts are paid.