604                              Laws of Maryland                       [Ch. 440

That Sections 35 and 35A of Article 101 of the Annotated Code of
Maryland (I960 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and they are hereby repealed and re-enacted, with amendments, to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 of 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 discharged
to promptly set the case for hearing of such prisoner to determine
the permanent partial or permanent total disability of such prisoner,
and the Workmen's Compensation Commission in determining the
amount, if any, of any such permanent partial or permanent total
disability of any such prisoner shall consider the amount or per-
centage of such permanent partial disability or permanent total dis-
ability as of the date of discharge of such prisoner from said
institution.

(c)  Upon the death of any prisoner resulting from accidental in-
juries arising out of and in the course of his employment within the
meaning of this article his dependents shall be entitled to compensa-
tion as determined by this article and based upon the average weekly
wages as hereinbefore defined.

(d)  The provisions of this section apply only in the counties of
Frederick, Wicomico , ANNE ARUNDEL, HARFORD and Wor-
cester.

[35A. The provisions of Section 35 shall apply to any prisoners
working for the county roads board or the board of county com-
missioners of Wicomico, Frederick or Worcester counties.]