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Maryland Manual, 1915-16
Volume 126, Page 274   View pdf image (33K)
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274 MARYLAND MANUAL.

Act, shall pay or provide as required herein compensation ac-
cording to the schedules of this Act for the disability or death
of his employee resulting from an accidental personal injury
sustained by the employee arising out of and. in the course of
his employment, without regard to fault as a cause of such
injury, except where the njury is occasioned by the wilful in-
tention of the injured employee to bring about the injury or
death of himself or of another, or where the injury results
solely from. the intoxication of the injured employee while on
duty. Where the injury is occasioned by the wilful intention
of the injured employee to bring about the injury or death
of himself or of another, or where the injury results from the
intoxication of the injured employee while on duty, neither
the injured employee nor any dependent of such employee
shall receive compensation under this Act.

The liability prescribed by the last preceding paragraph
shall be exclusive that if an employer fail to secure the pay-
ment of compensation for his injured employees and their
dependents as provided in this Act, an injured employee or
his legal representative in case death results from the in-
jury, may, at his option, elect to claim compensation under
this Act, or to maintain an action in the Courts for damages
on account of such injury; and in such an action the defend-
ant may not plead as a defense that the injury was caused
by the negligence of a fellow servant or that the employee as-
sumed the risk of his employment, or that the injury was due
to the contributory negligence of the employee. If an em-
ployer, besides employing workmen in extra-hazardous em-
ployment within the meaning of this Act, shall also employ
workmen in employments not extra-hazardous, the provisions
of this Act shall apply only to the extra-hazardous employ-
ments within the meaning of this Act and. the workmen em-
ployed therein, except as provided in Section 33 of this Act.

SEC. 15. The employer shall secure compensation to his
employees in one of the following ways:

(1) By insuring and keeping insured the payments of
snch compensation in the State Accident Fund, or

(2) By insuring and keeping insured the payments of
such compensation with any stock corporation or mutual as-
sociation authorized to transact the business of Workmen's
Compensation Insurance in this State.

(3) Any such employer who does not with the approval of
said Commission voluntarily insure the payment of the com-

 

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Maryland Manual, 1915-16
Volume 126, Page 274   View pdf image (33K)
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