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Session Laws, 1975
Volume 716, Page 2953   View pdf image
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MARVIN MANDEL, Governor

2953

which the Industrial use of the employee's body was
impaired as a result of the injury and in determining
such portion or percentage of impairment resulting in an
industrial loss the Commission shall take into
consideration, among other things, the nature of the
physical injury, the occupation, experience, training and
age of the injured employee at the time of injury, and
shall award compensation in such proportion as the
determined loss bears to the sum of $17,500, the said
compensation to be paid weekly at the rate of sixty—six
and two—thirds per centum of the average weekly wages, in
no case to exceed thirty—five dollars per week, 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 the
injury, in which event he shall receive compensation
equal to his full wages, subject to reconsideration of
the degree of such impairment by the Commission on its
own motion or upon application of any party in interest.

(b) The compensation for the foregoing
specific injuries, payable under this subsection and
subsection (3), shall be paid in addition to, and
consecutively with, the compensation hereinbefore
provided in subsection (2) of this section.

(c) If any employee dies from any cause or causes
not compensable under this article, the right to any
compensation payable under this subsection and
subsections (3) and (5) , unpaid at the date of his death,
shall survive to his surviving dependents as the
Commission may determine, if there be such surviving
dependents, and if there be none such, then to his wife
and children under eighteen years of age if there was, at
the time of his death, a legal obligation on the part of
said employee to support his wife, and if there was no
such obligation, then to his children under eighteen if
any, alone. THIS PARAGRAPH DOES NOT APPLY TO THE
PROVISIONS OF SECTION 66 OF THIS ARTICLE

(4a) A person who, from one accident, receives an
award of compensation for a period of two hundred and
fifty (250) weeks or more under subsections (3) or (4) or
a combination of both, is thereby considered to have a
serious disability; except any award for disfigurement or
mutilation under subsection (3) (f) of this section shall
not be considered in the determination of a serious
disability. The weeks for such award shall be increased
by one third (computed to the nearest whole number); and
the compensation shall be for sixty—six and two—thirds
per centum of the average weekly wages, in no case to
exceed sixty—five dollars ($65.00) per week and not less
than a minimum of twenty—five dollars per week unless the
employee's established weekly wages are less than

 

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Session Laws, 1975
Volume 716, Page 2953   View pdf image
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