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Session Laws, 1939
Volume 581, Page 996   View pdf image (33K)
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996 LAWS OF MARYLAND. [CH. 465

wise be payable, falsely represented himself in writing as not
having previously been disabled, laid off, or compensated in
damages or otherwise, because of such disease.

Where an occupational disease is aggravated by any other
disease or infirmity, not itself compensable, or where disability
or death from any other cause, not itself compensable, is
aggravated, prolonged, accelerated or in anywise contributed
to by an occupational disease, the percentage of such con-
tribution to be determined by the Medical Board, as herein-
after created, the compensation payable shall be reduced and
limited to such proportion only of the compensation that
would be payable if the occupational disease were the sole
cause of the disability or death as such occupational disease,
as a causative factor, bears to all the causes of such disability
or death, such reduction in compensation to be effected by
reducing the number of weekly or monthly payments or the
amount of such payments, as under the circumstances of the
particular case may be for the best interest of the claimant
or claimants.

32C. No compensation for death from an occupational
disease shall be payable to any person whose relationship to
the deceased, which, under the provisions of this Article would
give right to compensation, arose subsequent to the beginning
of the first compensable disability save only to after-born
children of a marriage existing at the beginning of such dis-
ability.

Where compensation is payable for an occupational disease,
the employer in whose employment the employee was last in-
juriously exposed to the hazards of such disease, and the in-
surance carrier, if any, on the risk when such employee was
last so exposed under such employer, shall be liable therefor;
the amount of the compensation shall be based upon the aver-
age wages of the employee when last so exposed under such
employer; and the notice of injury and claim for compensation,
as hereinafter required, shall be given and made to such em-
ployer; provided, however, that in case of silicosis or asbestosis
the only employer or insurance carrier liable shall be the last
employer in whose employment the employee was last injuri-
ously exposed to the hazards of the disease during a period of
sixty (60) days or more after the effective date of this sub-title,
and the insurance carrier, if any, on the risk when the em-
ployee was last so exposed under such employer.

An employer shall not be liable for any compensation for
an occupational disease unless such disease shall be due to
the nature of an employment in which the hazards of such
disease actually exist, are characteristic of and peculiar to
the trade, occupation, process, or employment, and is actually


 

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Session Laws, 1939
Volume 581, Page 996   View pdf image (33K)
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