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Session Laws, 1963
Volume 671, Page 1706   View pdf image (33K)
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1706                              LAWS OF MARYLAND                        [CH. 809

66.

(1)   [If an employee, who has previously lost, or lost the use of,
one hand, one arm, one foot, one leg or one eye, shall become perma-
nently and totally disabled because of the loss or loss of use of another
such members or organs by reason of an accidental injury, as defined
in this article, the employer shall be liable only for the compensation
payable under this article for such injury. However, in addition to
such compensation to which the employer is liable and after the com-
pletion of the payments therefor provided by this article, the employee
shall be entitled to receive and shall be paid additional compensation
from a special fund to be known as the "Second Injury Fund," created
for such purpose, in the manner described hereafter in this section,
it being the intent of this section to make the total payments to which
such employees shall become entitled equal to the compensation that
would be due for permanent total disability.]

Whenever an employee who has a permanent impairment due to
previous accident or disease or any congenital condition, which is or
is likely to be a hindrance or obstacle to his employment, incur''s subse-
quent disability by reason of a personal injury, for which compensa-
tion is required by this Article resulting in permanent partial or
permanent total disability that is substantially greater by reason of
the combined effects of the impairment and subsequent injury than
that which would have resulted from the subsequent injury alone, the
employer or his insurance carrier shall be liable only for the com-
pensation payable under this Article for such injury. However, in
addition to such compensation to which the employer or his insurance
carrier is liable, and after the completion of payments therefor pro-
vided by this Article, the employee shall be entitled to receive and
shall be paid additional compensation from a special fund to be known
as the "Subsequent Injury Fund," created for such purpose, in the
manner described hereafter in this section, it being the intent of this
section to make the total payments to which such employee shall
become entitled equal to the compensation that would be due for the
combined effects of the impairment and subsequent injury resulting
in permanent total disability or a substantially greater permanent
partial disability.

Benefits from the Subsequent Injury Fund hereunder shall not be
payable unless the combined effects resulting from a previous impair-
ment and a subsequent accidental injury result in a permanent dis-
ability exceeding 50 per centum (50%) of the body as a whole.

If the subsequent injury of such an employee shall result in the
death of the employee and it shall appear that death was due in part
to the previous impairment and in part to the subsequent accidental
injury, the Commission shall determine the proportion of such death
which is reasonably attributable to the subsequent accidental injury
and the proportion thereof which is reasonably attributable to the
previous impairment, and the employer or his insurance carrier, or
the State Accident Fund shall be liable for the compensation payable
for that proportion of the employee's death which is reasonably at-
tributable to the subsequent accidental injury, and the Subsequent
Injury Fund shall be liable for the balance of benefits payable as in
death cases resulting solely from an accidental injury.

(2)    [The employer, or, if insured, his insurance carrier, or the

 

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Session Laws, 1963
Volume 671, Page 1706   View pdf image (33K)
 Jump to  
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