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Session Laws, 1969
Volume 692, Page 1382   View pdf image
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1382                              LAWS OF MARYLAND                       [CH. 589

nor to casual employees or any employees who are employed wholly
without the State. But for all purposes of this Article, casual, occa-
sional or incidental employments outside of this State by the Mary-
land employer of an employee or employees regularly employed by
said employer within this State shall be construed to be employment
within this State; provided, however, if an employee or the de-
pendents of an employee shall receive compensation or damages
under the laws of any other state, nothing herein contained shall be
construed so as to permit a total compensation for the same injury
greater than is provided for in this Article.

(b)  If an employer is a partnership, or sole proprietorship, such
employer may elect to include as an "employee" within the provi-
sions of the Act, any member of such partnership, or the owner of
the sole proprietorship, devoting full time to the partnership or
proprietorship business. In the event of such election, the employer
must serve upon the employer's insurance carrier and upon the
Commission written notice naming the persons to be covered and
no such proprietor or partner shall be deemed an employee within
this Article until such notice has been served as aforesaid.

(c)  An employee and his employer who are not residents of this
State and whose contract of hire is entered into in another state shall
be exempted from the provisions of this Article while such employee
is temporarily or intermittently within this State doing work for
such nonresident employer, if such employer has furnished work-
men's compensation insurance coverage under the workmen's com-
pensation or similar laws of such other state, so as to cover such
employee's employment while in this State; provided the extraterri-
torial provisions of this Article are recognized in such other state
and provided employers and employees who are covered in this State
are likewise exempted from the application of the workmen's com-
pensation or similar laws of such other state. The benefits under
the workmen's compensation act or similar laws of such other state
shall be the exclusive remedy against such employer for any injury,
whether resulting in death or not, received by such employee while
working for such employer in this State.

(d)  A certificate from the duly authorized officer of the industrial
accident commission or similar department of another state certify-
ing that the employer of such other state is insured therein and has
provided extraterritorial coverage insuring his employees while
working within this State shall be prima facie evidence that such
employer carries such compensation insurance.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1969.

Approved May 14, 1969.

CHAPTER 589
(Senate Bill 269)

AN ACT to add new subsection (1) to Section 2 of Article 75½ of
the Annotated Code o