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Session Laws, 1973
Volume 709, Page 1705   View pdf image
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Ch. 832                          MARVIN MANDEL, Governor                              1705

RECEIVE BENEFITS UNDER HIS ORIGINAL AWARD.

[[(B) IN ANY CASE WHERE A PERMANENTLY AND TOTALLY
DISABLED PERSON IS PRESENTLY RECEIVING THE MAXIMUM
WEEKLY INCOME BENEFIT APPLICABLE AT THE TIME THE AWARD
FOR AN INJURY SUSTAINED DURING THE PERIOD STIPULATED IN
SUBSECTION (A) OF THIS SECTION WAS MADE, THE
SUPPLEMENTAL ALLOWANCE SHALL BE AN AMOUNT WHICH
WHEN ADDED TO THE AWARD WILL EQUAL THE MAXIMUM
WEEKLY INCOME BENEFIT DETERMINED BY SECTION 36(2) OF THIS
ARTICLE, AS IT, FROM TIME TO TIME, MAY CHANGE.]]

(B) FORMULA, THE EMPLOYEES ELIGIBLE UNDER SUBSECTION
(A) OF THIS SECTION SHALL BE ENTITLED TO A WEEKLY
SUPPLEMENTAL ALLOWANCE EQUAL TO THE PRODUCT OF THE
FOLLOWING TWO NUMBERS:

(1) THE DIFFERENCE BETWEEN THE MAXIMUM FIXED WEEKLY
BENEFIT PROVIDED IN SECTION 36(2) OF THIS ARTICLE, AS_IT MAY
CHANGE FROM TIME TO TIME, AND THE MAXIMUM FIXED
WEEKLY BENEFIT APPLICABLE AT THE TIME THE AWARD WAS
MADE; AND

(2) THE QUOTIENT OF THE ACTUAL WEEKLY BENEFIT AT THE
TIME THE AWARD WAS MADE AND THE MAXIMUM FIXED WEEKLY
BENEFIT APPLICABLE AT THE TIME THE AWARD WAS MADE.

[[(C) IN ANY CASE WHERE A PERMANENTLY AND TOTALLY
DISABLED PERSON IS PRESENTLY RECEIVING LESS THAN THE
MAXIMUM WEEKLY INCOME BENEFIT APPLICABLE AT THE TIME
THE AWARD WAS MADE, THE SUPPLEMENTAL ALLOWANCE SHALL
BE AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE
MAXIMUM WEEKLY BENEFITS APPLICABLE AT THE TIME THE
AWARD WAS MADE AND THE MAXIMUM WEEKLY BENEFITS
PROVIDED IN SECTION 36(2) OF THIS ARTICLE, SUBJECT TO
CHANGE FROM TIME TO TIME, MULTIPLIED BY A FRACTION, THE
NUMERATOR OF WHICH IS THE ACTUAL WEEKLY INCOME
BENEFIT AT THE TIME THE AWARD WAS MADE AND THE
DENOMINATOR OF WHICH IS THE MAXIMUM WEEKLY INCOME
BENEFIT APPLICABLE AT THE TIME THE AWARD WAS MADE. ]]

66.

(1) Whenever an employee who has a permanent impairment due to previous
accident or disease or any congenital condition, which is or is likely to be a
hindrance or obstacle to his employment, incurs subsequent disability by reason of
a personal injury, for which compensation is required by this article resulting in
permanent partial or permanent total disability that is substantially greater by
reason of the combined effects of the impairment and subsequent injury than that
which would have resulted from the subsequent injury alone, the employer or his
insurance carrier shall be liable only for the compensation payable under this
article for such injury. However, in addition to such compensation to which the
employer or his insurance carrier is liable, and after the completion of payments
therefor provided by this article, the employee shall be entitled to receive and shall
be paid additional compensation from a special fund to be known as the
"Subsequent Injury Fund," created for such purpose, in the manner described
hereafter in this section, it being the intent of this section to make the total
payments to which such employee shall become entitled equal to the compensation

 

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Session Laws, 1973
Volume 709, Page 1705   View pdf image
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