THEODORE R. MCKELDIN, GOVERNOR 1781

101 of the Annotated Code of Maryland (1951 Edition),
title "Workmen's Compensation", sub-titles "Suit—Method
of Insurance" and "Claims and Compensation; Benefits",
be and they are hereby repealed and re enacted, with
amendments, and that Section 37A be and it is hereby
added to said Article, to follow immediately after Section

37 thereof and to be under the sub-title "Claims and Com-

pensation; Benefits", all to read as follows:

SECTION 1. BE IT ENACTED BY THE GENERAL
ASSEMBLY OF MARYLAND, THAT SECTION 35 (1)
(A) OF ARTICLE 101 OF THE ANNOTATED CODE
OF MARYLAND (1951 EDITION) TITLE "WORK-
MEN'S COMPENSATION", SUB-TITLE "CLAIMS AND
COMPENSATION; BENEFITS", BE AND IT IS HERE-
BY REPEALED AND REENACTED WITH AMEND-
MENTS TO READ AS FOLLOWS:

14. (a) Every employer subject to the provisions of this
Article, shall pay or provide as required herein compensa-
tion according to the schedules of this Article for the
disability or death of his employee resulting from [an
accidental] a 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.

(b) The liability prescribed by the last preceding para-
graph shall be exclusive, except that if an employer fails to
secure the payment of compensation for his injured em-
ployees and their dependents as provided 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 for 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 con-
tributory negligence of the employee. If an employer,