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752 WORKMEN'S COMPENSATION. [ART. CI
In addition to the salary provided in this Section, each Commis-
sioner shall be allowed his actual and necessary traveling and incidental
expenses.*
7.
This section referred to in construing section 56—see notes thereto.
Brenner v. Brenner, 127 Md. 191.
Suit—Methods of Insurance.
1914, ch. 800, sec. 14. 1916, ch. 597, sec. 14.
14. Every employer subject to the provisions of this article, shall
pay or provide as required herein compensation according to the sched-
ules of this article -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 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 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 solely 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 article.
The liability prescribed by the last preceding paragraph shall be
exclusive, except that if an employer fails to secure the payment of
compensation for his injured employees and their dependents as pro-
vided in this article, an injured employee or his legal representative in
case death results from the injury, may, at his option, elect to claim
compensation under this article, or to maintain an action in the Courts
tor damages on account of such injury; and in such an action the
defendant may not plead as a defense that the injury was caused by the
negligence of a fellow servant or that the employee assumed the risk
of his employment, or that the injury was due to the contributory negli-
gence of the employee. If an employer, besides employing workmen in
extra-hazardous employment within the meaning of this article, shall
also employ workmen in employments not extra-hazardous, the provi-
sions of this article shall apply only to the extra-hazardous employments
within the meaning of this article and the workmen employed therein,
except as provided in Section 33 of this article.
Where an employer is sued for a negligent injury and he desires to raise
the question of his compliance with the workmen's compensation law as a
defence, he should file a special plea setting up such compliance; the bur-
den is on the employer to prove that he has complied with said law and is
subject to its provisions. The workmen's compensation law does not in
*The act of 1916, chapter 713, provides that the Mayor and City Council of
Baltimore shall not pay after October 1st, 1916, any portion of the salaries of
the members of the state industrial accident commission.
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