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Session Laws, 1955
Volume 620, Page 918   View pdf image (33K)
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918                               LAWS OF MARYLAND                        [CH. 560

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THE COMPENSATION ALLOWABLE
FOR "OTHER" CASES OF DISABILITY UNDER THE WORK-
MEN'S COMPENSATION LAWS.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Section 35 (1) (a) AND SECTION 35 (4) (A) of Article
101 of the Annotated Code of Maryland (1951 Edition and 1954
Supplement), title "Workmen's Compensation", sub-title "Claims
and Compensation: Benefits", be and it is THEY ARE hereby re-
pealed and re-enacted, with amendments, to read as follows:

35.

(1).

(a). In case of total disability, adjudged to be permanent,
sixty-six and two-thirds percentum of the average weekly wages
shall be paid to the employee by the employer or insurer during the
continuance of such total disability, not to exceed a maximum of
thirty-five dollars per week and not less than a minimum of fifteen
dollars per week, unless the employee's established weekly wages
are less than fifteen dollars per week at the time of the injury, in
which event he shall receive compensation in an amount equal to
his average weekly wages? fboth not to exceed a total of $12,500.;]
$15,000. Loss or loss of use of both hands, or both arms, or both feet
or both legs, or both eyes, or of any two thereof, shall, in the absence
of conclusive proof to the contrary, constitute permanent total dis-
ability. In all other cases permanent total disability shall be deter-
mined in accordance with the facts,

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(4)

(A) OTHER CASES. IN ALL OTHER CASES OF DISABIL-
ITY, OTHER THAN THOSE SPECIFICALLY ENUMERATED
DISABILITIES SET FORTH IN SUB-SECTION (3) OF SECTION
35, WHICH DISABILITY IS PARTIAL IN CHARACTER, BUT
PERMANENT IN QUALITY, THE COMMISSION SHALL DE-
TERMINE THE PORTION OR PERCENTAGE BY WHICH THE
INDUSTRIAL USE OF THE EMPLOYEE'S BODY WAS IM-
PAIRED AS A RESULT OF THE INJURY, AND IN DETERMIN-
ING SUCH PORTION OR PERCENTAGE OF IMPAIRMENT
RESULTING IN AN INDUSTRIAL LOSS THE COMMISSION
SHALL TAKE INTO CONSIDERATION, AMONG OTHER
THINGS, THE NATURE OF THE PHYSICAL INJURY, THE
OCCUPATION, EXPERIENCE, TRAINING AND AGE OF THE
INJURED EMPLOYEE AT THE TIME OF THE INJURY, AND
SHALL AWARD COMPENSATION IN SUCH PROPORTION AS
THE DETERMINED LOSS BEARS TO THE SUM OF $12,500.,
THE SAID COMPENSATION TO BE PAID WEEKLY AT THE
RATE OF SIXTY-SIX AND TWO-THIRDS PER CENTUM OF
THE AVERAGE WEEKLY WAGES, IN NO CASE TO EXCEED
TWENTY-FIVE DOLLARS PER WEEK, AND NOT LESS THAN
A MINIMUM OF FIFTEEN DOLLARS PER WEEK UNLESS

 

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Session Laws, 1955
Volume 620, Page 918   View pdf image (33K)
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