Ch. 671 MARVIN MANDEL, Governor 1399
disability or death shall occur and as to when claim must be made; making
provision for payment of additional benefits for total disability above the
statutory limit under certain conditions; providing for the survival of the right to
certain unpaid compensation benefits to certain persons in the event of an
employee's death from unrelated causes; providing for payment of benefits to
certain surviving persons when death from injury occurs within a certain period
from the date of accident; providing for payment of certain compensation to
wholly or partially dependent widows or widowers upon remarriage with certain
maximum limitations; making certain changes in the provisions of the law
relating to [[partial or total lump sum payments]] payments under this article;
making payments from the Subsequent Injury Fund applicable to occupational
disease as well as accidental injuries in certain cases; amending certain
definitions in the Workmen's Compensation laws; limiting the effective date of
this Act to accidental injuries sustained or occupational diseases incurred after a
certain date; relating generally to making certain changes in the Maryland
Workmen's Compensation Law in relation to Title IV of the Federal Coal Mine
Health and Safety Act of 1969; and relating generally to the workmen's
compensation laws of this State.
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 19(d), 23(d), 26(a), 36(1), 36(8), 49, 52, 66(2), 67(6),
67(7), and 67(10) of Article 101 of the Annotated Code of Maryland (1964
Replacement Volume and 1972 Supplement), title "Workmen's Compensation,"
subtitles "Corporate Insurance," "Application of Article," "Claims and
Compensation; Benefits," and "Miscellaneous," respectively; be and they are
hereby repealed and re-enacted, with amendments, and all to read as follows:
19.
(d) Every contract or agreement of an employer the purpose of which is to
indemnify him for loss or damage on account of the injury of an employee by
accidental means OR OCCUPATIONAL DISEASE, or on account of the
negligence of such employer or his officer, agent or servant, if engaged in
extra-hazardous employment, shall be absolutely void unless it shall also cover
liability for the payment of the compensation provided for by this article.
23.
(d) When disability or death of an employee shall be due to silicosis, asbestosis
or other pulmonary dust disease, the employer shall be liable for compensation if
such disease causing such disability or death shall be due to the nature of the
employment in which the hazards of such disease actually exist, and to a
reasonable degree of medical certainty is attributable to his type of employment,
and is actually incurred in his employment, provided such disability or death shall
occur within [five (5) years after the employee shall be found to be] SEVEN (7)
YEARS AFTER THE EMPLOYEE HAS KNOWLEDGE THAT HE HAS
BEEN affected by silicosis, asbestosis, or other pulmonary dust disease. [This
section shall apply only to cases where there has been an injurious exposure for a
period of 90 days subsequent to June 1, 1967.]
26.
(a) Written notice shall be given to the employer of an occupational disease by
the employee or someone in his behalf within thirty (30) days after the employee
has actual knowledge thereof and in case of death from such an occupational
disease, written notice of such death shall also be given to the employer within
thirty (30) days thereafter. The failure to give such notice unless excused by the
Commission either on the ground that notice for some sufficient reason could not
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