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Session Laws, 1973
Volume 709, Page 1706   View pdf image
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1706                                      LAWS OF MARYLAND                                 Ch. 832

that would be due for the combined effects of the impairment and subsequent
injury resulting in permanent total disability or a substantially greater permanent
partial disability.

Benefits from the Subsequent Injury Fund hereunder shall not be payable unless
the combined effects resulting from a previous impairment and a subsequent
accidental injury result in a permanent disability exceeding 50 per centum (50%) of
the body as a whole.

If the subsequent injury of such an employee shall result in the death of the
employee and it shall appear that death was due in part to the previous
impairment and in part to the subsequent accidental injury, the Commission shall
determine the proportion of such death which is reasonably attributable to the
subsequent accidental injury and the proportion thereof which is reasonably
attributable to the previous impairment, and the employer or his insurance carrier,
or the State Accident Fund shall be liable for the compensation payable for that
proportion of the employee's death which is reasonably attributable to the
subsequent accidental injury, and the Subsequent Injury Fund shall be liable for
the balance of benefits payable as in death cases resulting solely from an accidental
injury.

WHENEVER THE STATE ACCIDENT FUND, INSURANCE CARRIER
OR SELF-INSURED EMPLOYER MAKES A SUPPLEMENTAL
ALLOWANCE PAYMENT UNDER SECTION 36(10) OF THIS ARTICLE,
HE SHALL BE REIMBURSED FROM THE SUBSEQUENT INJURY
FUND. THE STATE ACCIDENT FUND, INSURANCE CARRIER OR
SELF-INSURED EMPLOYER SHALL ANNUALLY, ON OR BEFORE
JUNE 1 OF EACH YEAR, FILE WITH THE WORKMEN'S
COMPENSATION COMMISSION, FOR SUBMISSION TO THE
TREASURER OF THE STATE OF MARYLAND, A REPORT ON A FORM
PRESCRIBED BY THE WORKMEN'S COMPENSATION COMMISSION,
SETTING FORTH THE MONEY EXPENDED FOR THE PAYMENT OF
ALL SUPPLEMENTAL ALLOWANCES MADE DURING THE PREVIOUS
CALENDAR YEAR OR A PORTION THEREOF. THE WORKMEN'S
COMPENSATION COMMISSION SHALL AUDIT THESE REPORTS
BEFORE SUBMISSION TO THE TREASURER TO DETERMINE THEIR
VALIDITY. THE TREASURER SHALL REIMBURSE THE STATE
ACCIDENT FUND, INSURANCE CARRIER OR SELF-INSURED
EMPLOYER ANNUALLY, ON OR BEFORE THE 1ST OF AUGUST OF
EACH YEAR, FROM THE SUBSEQUENT INJURY FUND ONLY UPON
WRITTEN ORDER OF THE WORKMEN'S COMPENSATION
COMMISSION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 24, 1973.

 

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Session Laws, 1973
Volume 709, Page 1706   View pdf image
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