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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3679   View pdf image (33K)
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WORKMEN'S COMPENSATION 3679

shall be applicable thereto. The average weekly wages of any such
prisoner shall be the average weekly wages or remuneration which the em-
ployer pays for the labor of said prisoner, whether to the institution or the
prisoner, or both; and the State Industrial Accident Commission in award-
ing compensation in cases of injuries to prisoners in the course of their
employment, shall direct that all of the compensation for which the em-
ployer of said prisoner is liable hereunder, shall be paid to the institution
in which the said prisoner is confined at the time of his injury, and out of
the compensation paid to any such institution under the provisions of this
Article, the institution shall retain a sum equal to the average weekly
amount received by said institution (if the compensation shall amount to
so much) for the labor of said prisoner over and above any bonus received
by or for the use of said prisoner, and the surplus of any such compensa-
tion, if any, shall be credited to and belong to the injured prisoner. The
disposition of the compensation as above provided shall continue until the
prisoner shall resume work or until his death or discharge from the insti-
tution. When such prisoner shall resume work any compensation to which
he may still be entitled by reason of partial disability, temporary or
permanent, shall be payable to the institution and first applied towards
reimbursement to the institution for any loss which it may sustain in the
earnings of said prisoner by reason of his injuries, and the balance, if any,
shall belong to and be credited to the amount of such prisoner. Upon the
discharge of the prisoner, whether by reason of the expiration of the
term, or, by reason of a pardon or parole, the remainder of the compensa-
tion for which the employer may be liable hereunder shall be paid directly
to the prisoner, and it shall be the duty of the institution in which any
prisoner, who is receiving compensation under the provisions of this Arti-
cle, is confined, to promptly notify the State Industrial Accident Commis-
sion of the discharge of any such prisoner in order that an amended award
may be made directing the payment to the said prisoner of any future
compensation to which the prisoner may be entitled.

Whenever any prisoner in the Maryland Penitentiary or the Maryland
House of Correction shall be engaged in any extra-hazardous work within
the meaning of this Article for which wages or a stipulated sum are paid
by said institution this Article shall be applicable thereto, and the average
weekly wages of any such prisoner injured in the course of his or her
employment shall be the average weekly wages paid by the institution to
such prisoner, and in addition thereto, a fair and reasonable sum to be
determined by the State Industrial Accident Commission for the board and
maintenance of such prisoner not to exceed the amount customarily re-
ceived by the institution for its own use for prisoners engaged in extra-
hazardous employments for private employers. The State Industrial Ac-
cident Commission in making awards to such prisoners so injured in the
course of their employment, shall direct the institution employing such
prisoner to deduct from its award the sum found by it to be reasonable for
the board and maintenance of such prisoner, in determining the average
weekly wages, and the balance, if any, shall belong to and be credited to
the account of such prisoner. Upon the discharge of such prisoner whether
by reason of the expiration of the sentence or by parole or pardon, the
said institution shall pay the remainder of the compensation to which
any said prisoner shall be entitled, to the prisoner, and shall promptly
notify the State Industrial Accident Commission of the discharge of any
such prisoner in order that its award may be modified accordingly.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3679   View pdf image (33K)
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