PARRIS N. GLENDENING, Governor

S.B. 141

9-219.

(a)     Unless an election is made in accordance with this section, a partner of a
partnership is not a covered employee.

(b)     A partnership may elect to make a partner a covered employee if the partner
devotes full time to the business of the partnership.

(c)     An election under this section is not effective until the partnership submits to
the Commission and to the insurer of the partnership a written notice that names the
individual to be a covered employee.

9-227.

(a)     Unless an election is made in accordance with this section, a sole proprietor is
not a covered employee.

(b)     A sole proprietor may elect to be a covered employee if the proprietor devotes
full time to the business of the proprietorship.

(c)     An election under this section is not effective until the proprietor submits to
the Commission and to the insurer of the proprietor a written notice that names the
individual who is to be a covered employee.

9-508.

(a)     A principal contractor is liable to pay to a covered employee or the
dependents of the covered employee any compensation that the principal contractor
would have been liable to pay had the covered employee been employed directly by the
principal contractor if:

(1)     the principal contractor undertakes to perform any work that is part of
the business, occupation, or trade of the principal contractor;

(2)     the principal contractor contracts with a subcontractor for the execution
by or under the subcontractor of all or part of the work undertaken by the principal
contractor; and

(3)     the covered employee is employed in the execution of that work.

(b)     (1) Except as provided in paragraph (2) of this subsection, in a claim filed or
proceeding brought against a principal contractor by a covered employee employed to
execute work as provided in subsection (a) of this section or a dependent of the covered
employee, the principal contractor shall be considered the employer of the covered
employee for the purposes of this title.

(2) In computing the average weekly wage of the covered employee under §
9-602 of this title, the Commission shall use as wages of the covered employee the wages
paid by the employer who immediately employs the covered employee.

(c)     If an employee of a subcontractor or a dependent of the employee files a claim
against a principal contractor under this title, the principal contractor may join the
subcontractor and any intermediate contractor as defendant or codefendant.

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