MARVIN MANDEL, Governor

2949

Laws.

BY repealing and re—enacting, with amendments,

Article 101 — Workmen's Compensation

Sections 36 and 66(1)

Annotated Code of Maryland

(1964 Replacement Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 36 and 66(1) of Article 101 -
Workmen's Compensation, of the Annotated Code of Maryland
(1964 Replacement Volume and 1974 Supplement) be and they
are hereby repealed and re-enacted, with amendments, to
read as follows:

Article 101 — Workmen's Compensation
36.

Each [employer] EMPLOYEE (or in the case of death
his family or dependents) entitled to receive
compensation under this article shall receive the same in
accordance with the following schedule and except as in
this article otherwise provided, such payment shall be in
lieu of any and all rights of action whatsoever against
any person whomsoever.

(1) (a) In case of total disability, adjudged to be
permanent sixty—six and two—thirds per centum of the
average weekly wages shall be paid to the employee by the
employer or insurer during the continuance of such total
disability, not to exceed a maximum of one hundred 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 and not
less than a minimum of twenty—five dollars per week,
unless the employee's established weekly wages are less
than twenty—five dollars per week at the time of injury,
in which event he shall receive compensation in an amount
equal to his average weekly wages but not to exceed a
total of $45,000.00; provided, however, that if the
employee's total disability shall continue after a total
of $45,000.00 has been paid, then further weekly payments
at the rate previously paid shall be paid to him during
such disability. Loss or loss of use of both hands, or
both arms, or both feet or both legs, or both eyes, or of
any two thereof, shall, in the absence of conclusive
proof to the contrary, constitute permanent total
disability. In all other cases permanent total
disability shall be determined in accordance with the
facts.