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Session Laws, 1973
Volume 709, Page 1402   View pdf image
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1402                                    LAWS OF MARYLAND                              Ch. 671

JURISDICTION TO DETERMINE WHETHER THE SURVIVING WIFE,
HUSBAND, OR CHILD HAS BECOME WHOLLY OR PARTIALLY
SELF-SUPPORTING, AND TO SUSPEND, TERMINATE OR REINSTATE
SUSPENDED OR TERMINATED PAYMENTS OF COMPENSATION. THE
PROVISIONS OF THIS PARAGRAPH 8(A) WHICH PROVIDE FOR A
CONTINUATION OF PAYMENTS UNTIL THE TOTAL SUM OF $45,000
HAS BEEN PAID DO NOT APPLY TO A WIDOW OR WIDOWER WHO
REMARRIES; FOR THIS PERSON THE PAYMENTS SHALL CEASE AS
OF THE TIME OF REMARRIAGE, BUT HE MAY RECEIVE AND KEEP
THE PAYMENTS MADE UNDER PARAGRAPH 8(I) OF THIS SECTION.

(b)  If there are no wholly dependent persons at the time of the death, but there
are partly dependent persons, those partly dependent shall receive compensation as
follows: The weekly payments to such dependents shall be in the amount of
sixty-six and two-thirds per centum of the average weekly wages OF THE
DECEASED EMPLOYEE not to exceed, however, a maximum of sixty-six and
two-thirds PER CENTUM of the average weekly wage of the State of Maryland
as determined by the Department of Employment Security, as provided in § 36(2)
of this article [but may, in the discretion of the Commission, be for less amount
per week and to continue for all or such portion of the period of 416 weeks, after
the date of death, as the Commission in each case may determine, and not to
amount to more than a maximum of nine thousand dollars ($9,000)] AND
SHALL BE THAT PERCENTAGE OF THE MAXIMUM WEEKLY RATE
OF COMPENSATION AS THE WEEKLY EARNINGS OF EACH PARTLY
DEPENDENT PERSON BEARS TO THE AVERAGE WEEKLY WAGES OF
THE DECEASED, IN NO CASE TO EXCEED THE MAXIMUM OF THE
WEEKLY RATE OF COMPENSATION, AND PAYMENTS TO CONTINUE
DURING THE PARTIAL DEPENDENCY BUT NOT TO EXCEED
$17,500.00.

(c)   If there are wholly dependent persons and partly dependent persons, the
Commission may, in its discretion, award compensation to the wholly dependent
persons only, or it may apportion such compensation among such wholly
dependent and partly dependent persons in such proportions as, in the discretion of
the Commission, it may consider fair and equitable under all of the facts and
circumstances of the case [, in no event, however, shall the total of such
compensation exceed the sum of twenty-seven thousand five hundred dollars
($27,500)].

(D) PAYMENT TO, OR FOR THE BENEFIT OF, A SURVIVING CHILD
OR CHILDREN OF THE DECEASED AT THE TIME OF HIS DEATH
SHALL CONTINUE TO, OR FOR THE BENEFIT OF, THE CHILD OR
CHILDREN UNTIL THE CHILD OR CHILDREN REACHES THE AGE OF
EIGHTEEN YEARS PROVIDED, HOWEVER, IF EACH CHILD OR
CHILDREN THOUGH EIGHTEEN YEARS OF AGE OR OVER ARE
WHOLLY DEPENDENT UPON THE DECEASED EMPLOYEE AND
INCAPABLE OF SELF-SUPPORT BY REASON OF MENTAL, OR
PHYSICAL DISABILITY, OR OTHER SUFFICIENT REASON AS
DETERMINED BY THE COMMISSION, OR THE CHILD OR CHILDREN
THOUGH EIGHTEEN YEARS OF AGE OR OVER ARE STILL PARTLY
DEPENDENT UPON THE DECEASED EMPLOYEE, PAYMENTS TO, OR
FOR THE BENEFIT OF, THE CHILD OR CHILDREN SHALL CONTINUE
AS UNDER PARAGRAPHS (A), (B) AND (C) HEREIN, AND PROVIDED
FURTHER THAT IF EACH CHILD OR CHILDREN THOUGH EIGHTEEN
YEARS OF AGE OR OVER ARE ATTENDING A SCHOOL ON A FULL
TIME BASIS WHICH OFFERS AN EDUCATIONAL PROGRAM
ACCREDITED OR APPROVED BY THE MARYLAND STATE
DEPARTMENT OF EDUCATION OR A VOCATIONAL TRAINING

 

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Session Laws, 1973
Volume 709, Page 1402   View pdf image
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