868                               Laws of Maryland                      [Ch. 300

ules of this article for the disability or death of his employee re-
sulting from an accidental personal injury sustained by the employee
arising out of and in the course of his employment without regard to
fault as a cause of such injury, except where the injury is occasioned
by willful intention of the injured employee to bring about the
injury or death of himself or of another, or where the injury results
solely from the intoxication of the injured employee while on duty [.]
or SOLELY from the effect upon him of any narcotic, depressant,
stimulant, hallucinogenic or hypnotic drug or from the effect upon him
of any other drug which renders him incapable of satisfactorily per-
forming his job except when such drug has been administered or taken
in accordance with a physician's prescription. Where the injury is
occasioned by the willful intention of the injured employee to bring
about the injury or death of himself or of another, or where the
injury results solely from the intoxication of the injured employee
while on duty [.] or SOLELY from the effect upon him of any nar-
cotic, depressant, stimulant, hallucinogenic or hypnotic drug or from
the effect upon him of any other drug which renders him incapable of
satisfactorily performing his job, neither the injured employee nor
any dependent of such employee shall receive compensation under
this article.

The liability prescribed by the last preceding paragraph shall be
exclusive, except that if an employer fails to secure the payment of
compensation for his injured employees and their dependents as pro-
vided in this article, an injured employee or his legal representa-
tive in case death results from the injury, may, at his option, elect
to claim compensation under this article, or to maintain an action in
the courts for damages on account of such injury; and in such an
action the defendant may not plead as a defense that the injury was
caused by the negligence of a fellow servant or that the employee
assumed the risk of his employment, or that the injury was due to
the contributory negligence of the employee. If an employer, be-
sides employing workmen in extra-hazardous employment within the
meaning of this article, shall also employ workmen in employments
not extra-hazardous, the provisions of this article shall apply only to
the extra-hazardous employments within the meaning of this article
and the workmen employed therein, except as provided in Section 31
of this article.

45.

Notwithstanding anything hereinbefore or hereinafter contained,
no employee or dependent of any employee shall be entitled to re-
ceive any compensation or benefits under this article on account
of any injury to or death of an employee caused by self-inflicted
injury, the willful misconduct, or where the injury or death resulted
solely from the intoxication of the injured employee [.] or SOLELY
from the effect upon him of any narcotic, depressant, stimulant, hallu-
cinogenic or hypnotic drug or from the effect upon him of any other
drug which renders him incapable of satisfactorily performing his
job, except when such drug has been administered or taken in accord-
ance with a physician's prescription.

64.

(d) That the injury did not result solely from the intoxication
of the injured employee while on duty [.] or SOLELY from the effect