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Session Laws, 1961
Volume 654, Page 1217   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                          1217

41 of said Code (1957 Edition), title "Governor—Executive and
Administrative Departments", SUB-TITLE "THE EXECUTIVE
DEPARTMENT" to follow immediately after Section 188 thereof,
and to be under the new sub-heading "Sundry Claims Board",
amending the workmen's compensation laws to remove therefrom
references to the payment of workmen's compensation to certain
prisoners and inmates of penal institutions receiving payments of
workmen's compensation benefits, repealing a law which provides
for the payment of workmen's compensation benefits to certain
prisoners working on farms, creating a "Sundry Claims Board" to
provide for the payment of claims for injuries to certain prisoners
in this State, and relating generally to the payment of workmen's
compensation benefits and to the payment of other claims for in-
juries incurred by prisoners and inmates of penal institutions in
this State AND BY PRISONERS WORKING FOR THE COUNTY
ROADS BOARD OR THE BOARD OF COUNTY COMMISSION-
ERS OF HARFORD AND ANNE ARUNDEL COUNTIES.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 35 and 35A of Article 101 of the Annotated Code of
Maryland (1960 Supplement), title "Workmen's Compensation", sub-
title "Application of Article; Extra-Hazardous Employments", be
and they are hereby repealed and re-enacted, with amendments, to
read as follows:

35. (a) Whenever any prisoner [in the Maryland Penitentiary,
house of correction or any other institution under the supervision of
the Board of Correction] working for the county roads board or the
board of county commissioners or county council in the counties to
which this section applies
shall be engaged in any extra-hazardous
employment within the meaning of this article for which wages or a
stipulated sum are paid by said [institution] county this article shall
be applicable thereto [only] if said prisoner sustains a permanent
partial or permanent total disability as a result of said injury, 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 [Department of Correction] county to such prisoner, and in
addition thereto, a fair and reasonable sum to be determined by the
Workmen's Compensation Commission for the board and maintenance
of such prisoner not to exceed the amount customarily received by the
[institution] county for its own use by prisoners engaged in extra-
hazardous employment by other employers.

(b) All claims shall be filed with the Workmen's Compensation
Commission in accordance with the provisions of this article. The
Commission shall determine any issue of coverage and compensability,
but shall not conduct a hearing with respect to nor rate a permanent
partial or permanent total disability of any such prisoner, or make
an award to any such prisoner so injured in the course of his or her
employment until the discharge of such prisoner, whether by reason
of the expiration of the sentence or by parole or pardon, and the said
institution shall promptly notify the Workmen's Compensation Com-
mission of the discharge of any such prisoner, and it shall be the
duty of the Workmen's Compensation Commission after receipt of
such notice from said institution that said prisoner has been dis-
charged to promptly set the case for hearing of such prisoner to de-
termine the permanent partial or permanent total disability of such

 

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Session Laws, 1961
Volume 654, Page 1217   View pdf image (33K)
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