J. MILLARD TAWES, Governor                     1705

SECTION 2. AND BE IT FURTHER ENACTED, THAT IF ANY
PROVISION OF THIS ACT OR THE APPLICATION THEREOF
TO ANY PERSON OR CIRCUMSTANCES IS HELD INVALID,
SUCH INVALIDITY SHALL NOT AFFECT THE OTHER PRO-
VISIONS OR ANY OTHER APPLICATION OF THIS ACT WHICH
CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION
OR APPLICATION, AND TO THIS END THE PROVISIONS OF
THIS ACT ARE DECLARED TO BE SEVERABLE.

SECTION 3. AND BE IT FURTHER ENACTED, THAT THIS
ACT SHALL TAKE EFFECT JUNE 1, 1963.

Approved May 6, 1963.

CHAPTER 809
(House Bill 381)

AN ACT to repeal and re-enact, with amendments, Sections 36(7)
and 66 of Article 101 of the Annotated Code of Maryland (1957
Edition and 1962 Supplement), title "Workmen's Compensation,"
subtitles respectively "Claims and Compensation; Benefits," and
"Miscellaneous," amending the workmen's compensation laws with
respect to prior injuries and disabilities in order to provide for
apportionment of disability where pre-existing injuries or dis-
eases are present, abolishing the Second Injury Fund and estab-
lishing the Subsequent Injury Fund, making corrections therein,
and relating generally to workmen's compensation in this State.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 36(7) and 66 of Article 101 of the Annotated Code of
Maryland (1957 Edition and 1962 Supplement), title "Workmen's
Compensation," subtitles respectively "Claims and Compensation;
Benefits," and "Miscellaneous," be and they are hereby repealed and
re-enacted, with amendments, to read as follows:

36.

(7) Whenever it shall appear that any permanent disability from
which an employee is suffering following an accidental injury, is due
in part to such injury, and in part to a pre-existing disease or in-
firmity, the Commission shall determine the proportion of such dis-
ability which is reasonably attributable to the injury and the propor-
tion thereof which is reasonably attributable to the pre-existing dis-
ease or infirmity, and such employee shall be entitled to compensation
for that proportion of his disability which is reasonably attributable
solely to the accident and shall not be entitled to compensation for
that proportion of his disability which is reasonably attributable to
the pre-existing disease or infirmity. This subsection shall not apply
to temporary total and temporary partial disability. This subsection
shall not apply where the combined effects resulting from a previous
impairment, as defined in Section 66(1), and a subsequent accidental
injury result in a permanent disability exceeding fifty per centum
(50%) of the body as a whole.