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Session Laws, 1969
Volume 692, Page 1595   View pdf image
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MARVIN MANDEL, Governor                         1595

accident, are engaged in service incidental to and in connection with
agricultural pursuits or developments, whether the employer be the
farmer or other person undertaking or contracting with the farmer
to perform any such agricultural service, pursuit or development.
This article shall not apply to cutters of cord wood or fire wood,
farm laborers, domestic servants, nor to country blacksmiths, wheel-
wrights or similar rural employments, unless these employments
elect to come under this article as provided in Section 31, nor in any
case where the accident occurred before this article takes effect,
nor to casual employees or any employees who are employed wholly
without the State. But for all purposes of this article, casual, oc-
casional 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.

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 extra-
territorial 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
compensation act 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.

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.

(3) (a) If an employer is a partnership, or sole proprietorship,
such employer may elect to include as an "employee" within the
provisions of the act, any member of such partnership, or the
owner of the sole proprietorship, devoting full time to the partner-
ship or proprietorship business. In the event of such election, the
emplo