MARVIN MANDEL, Governor

2961

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; AND
THAT THE PREVIOUS IMPAIRMENT AND SUBSEQUENT ACCIDENTAL
INJURY IS EACH COMPENSABLE, AS DETERMINED BY THE
COMMISSION, FOR A PERIOD OF NOT LESS THAN 125 WEEKS.
HOWEVER, THE PREVIOUS IMPAIRMENT SHALL BE DETERMINED AS
OF THE DATE OF THE SUBSEQUENT INJURY.

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 § 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 apply only to injuries that occur on and after July
1, 1975.