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Session Laws, 1964
Volume 672, Page 115   View pdf image (33K)
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J. MILLARD TAWES, Governor                      115

fy and correct errors in the laws relating to Subsequent Injury
Fund and default in payment of premiums to the State Accident
Fund.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 66(1) and 77(b) of Article 101 of the Annotated Code
of Maryland (1963 Supplement), title "Workmen's Compensation",
sub-titles respectively, "Miscellaneous" and "State Accident Fund",
be and they are hereby repealed and re-enacted, with amendments, to
read as follows:

66(1) 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 hinderance or obstacle to his employment, [in-
cur's] incurs subsequent disability by reason of a personal injury,
for which compensation is required by this article resulting in per-
manent partial or permanent total disability that is substantially
greater by reason of the combined effects of the impairment and sub-
sequent injury than that which would have resulted from the subse-
quent injury alone, the employer or his insurance carrier shall be
liable only for the compensation payable under this article for such
injury. However, in addition to such compensation to which the em-
ployer or his insurance carrier is liable, and after the completion of
payments therefor provided by this article, the employee shall be en-
titled to receive and shall be paid additional compensation from a spe-
cial 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 subse-
quent injury resulting in permanent total disability or a substan-
tially greater permanent partial disability.

Benefits from the Subsequent Injury Fund hereunder shall not be
payable unless the combined effects resulting from a previous im-
pairment and a subsequent accidental injury result in a permanent
disability 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
attributable 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.

77(b) If an employer defaults in any payment required to be
made by him [by] to the State Accident Fund the amount due by him
may be collected by civil action in the name of the State of Maryland
and the commissioners, or superintendent or assistant superinten-
dent of the State Accident Fund whenever they or he may deem it
necessary, shall refer to the Attorney General of the State the names,
residences or places of business of any employer known to the com-

 

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Session Laws, 1964
Volume 672, Page 115   View pdf image (33K)
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