1510                             Laws of Maryland                       [Ch. 814

which shall be paid by the injured employee and/or his dependents,
and the employer, insurance company, association or State Accident
Fund in the proportion that the amount received by each shall bear
to the whole amount paid in settlement of any claim or satisfaction
of any judgment obtained in the case, and the balance in excess of
these items shall enure to the injured employee, or in case of death,
to his dependents, and the amount thus received by the injured em-
ployee or in case of death by his dependents shall be in lieu of any
award that might otherwise have been made thereafter in the same
case under the provisions of this Article and said case shall there-
upon be deemed to have been finally settled and closed [.] unless the
amount thus received by the injured employee or his dependents from
such other person shall be less than the injured employee or his de-
pendents would be otherwise entitled to receive under the provisions
of this Article, in which event he or his dependents shall have the
right to reopen the claim for compensation under this Article to
recover the difference between the amount thus received by the in-
jured employee or his dependents and the full amount of compen-
sation which would be otherwise payable under this Article.

WHEN ANY EMPLOYEE HAS A RIGHT OF ACTION UNDER
THIS SECTION AGAINST A THIRD PARTY, THE PERIOD OF
LIMITATIONS FOR SUCH ACTION, AS TO SUCH EMPLOYEE,
SHALL NOT BEGIN TO RUN UNTIL TWO MONTHS AFTER
THE FIRST AWARD OF COMPENSATION MADE TO SUCH EM-
PLOYEE UNDER THIS ARTICLE, AND THIS SECTION SHALL
APPLY TO PASSED AND FUTURE RIGHTS OF ACTION
UNDER THIS SECTION.

65.    In any proceeding for the enforcement of a claim for com-
pensation under this Article, it shall be presumed in the absence of
substantial evidence to the contrary:

(a)   That the claim comes within the provisions of this Article.

(b)   That sufficient notice thereof was given.

(c)   That the injury was not occasioned by the wilful intention of
the injured employee to bring about the injury or death of himself or
of another.

(d)   That the injury did not result solely from the intoxication of
the injured employee while on duty.

(e)   That there has been no prejudice caused by failure to file claim
within [thirty (30)] sixty (60) days.

66.    In any proceeding for the enforcement of a claim for com-
pensation under this Article on behalf of any employee, if the State
Accident Fund or the insurance carrier, as the case may be, has
accepted or is entitled to receive from his employer a premium or
premiums on compensation insurance (either alone or in connection
with other insurance) with respect to such employee, such Fund or
carrier shall be estopped from asserting, as a defense to such claim,
that such employee was a casual employee or was not engaged in an
extra-hazardous employment or that the employment is excluded
from the provisions of this Article or was not carried on for pe-
cuniary gain.