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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3677   View pdf image (33K)
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WORKMEN'S COMPENSATION 3677

An. Code, 1924, sec. 33. 1914, ch. 800, sec. 33. 1927, ch. 656.

44. Any employer, his employee or employees engaged in works not
extra-hazardous within the meaning of this Article may, by their joint
election, filed with the Commission, accept the provisions of this Article
and such acceptances when approved by the Commission, shall subject
them to the provisions of this Article to all intents and purposes as if they
had been originally included in its terms.

Any workman of the age of sixteen years and upwards may himself
exercise the election hereby authorized. The right of election hereby
authorized shall be exercised on behalf of any workman under the age of
sixteen years by his parent or guardian.

The provisions of this Article shall apply to employers and employees
engaged in intra-State and also in interstate or foreign commerce, for whom
a rule of liability or method of compensation has been or may be estab-
lished by the Congress of the United States, only to the extent that their
mutual connection with intra-State work may and shall be clearly separable
and distinguishable from interstate or foreign commerce, except that any
such employer and any of his workmen only in this State may, with the
approval of the Commission, and so far as not forbidden by any Act of
Congress, voluntarily accept the provisions of this Article by filing written
acceptance with the Commission, which shall subject the acceptors to the
provisions of this Article to all intents and purposes as if they had been
originally included in its terms.

The securing by dairymen of compensation insurance covering his employees did not
subject such employees to Compensation Law; procedure for this purpose specified in
this section. Keeney v. Beasman, 169 Md. 582.

A man carrying a message relating to a supply of coal for a railroad company's use
is not engaged in interstate commerce, and hence is subject to workmen's compensa-
tion act. Purpose of this section. Cases reviewed. Hines v. Baechtel, 137 Md. 515.

Workmen's Compensation Law does not apply to minors employed in violation of
Child Labor Law. See art. 100, secs. 4^ 10. Suit at law; demurrer; prayers. Tilghman v.
Conway, 150 Md. 530 (decided prior to act 1927, ch. 536—see sec. 60).

See notes to sec. 14.

An. Code, 1924, sec. 34. 1912, sec. 34. 1914, ch. 800, sec. 33 1/2.

45. Whenever there shall have been enacted by the Congress of the
United States and shall be in effect any act providing an exclusive remedy
and compensation to employees of common carriers by railroad while em-
ployed in interstate or foreign commerce who sustain personal injury by
accident arising out of and in the course of such employment and resulting
in disability, or to the dependents of such employees in case such injury
results in death, it shall be lawful for any such common carrier by railroad
in this State and its employees or any of them, by agreement between such
employer and employees, to provide for the payment by the employer of
compensation in the amounts at the times and in the manner specified in
said Act of Congress to any employee who, while employed by such em-
ployer in commerce or business wholly within this State, sustains personal
injury by accident arising out of and in the course of his employment and
resulting in his disability, or to the dependents, as defined in said Act. of
Congress, of such employee in case such injury results in his death; and in
and by such agreement to stipulate and agree that, except as provided
therein, such employer shall not be civilly liable for any injury to or
death of any such employee resulting from any such accident.

If any such employer shall file with the Commission an instrument in
writing under its corporate seal offering to enter into such an agreement


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3677   View pdf image (33K)
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