2964

LAWS OF MARYLAND

[Ch. 639

WHICH OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS
SUBSECTION. THIS SECTION SHALL APPLY ONLY TO INJURIES
OCCURRING ON OR AFTER JULY 1, 1975.]]

(4) (a) In all other cases of disability other than
those specifically enumerated disabilities set forth in
subsection (3) of this section, which disability is
partial in character, but permanent in quality, the
Commission shall determine the portion or percentage by
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.]
THIRTY-THREE AND ONE-THIRD PER CENTUM OF THE STATE
AVERAGE WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT OF
EMPLOYMENT SECURITY. THE DEPARTMENT OF EMPLOYMENT
SECURITY SHALL REPORT THE AVERAGE WEEKLY WAGE OF THE
STATE OF MARYLAND AS OF JULY 1, TO THE WORKMEN'S
COMPENSATION COMMISSION NO LATER THAN DECEMBER 15TH OF
EACH YEAR. IN NO CASE SHALL THE EMPLOYEE RECEIVE LESS
THAN A MINIMUM OF FIFTY DOLLARS PER WEEK UNLESS THE
EMPLOYEE'S ESTABLISHED WEEKLY WAGES ARE LESS THAN FIFTY
DOLLARS PER WEEK AT THE TIME OF INJURY IN WHICH EVENT HE
SHALL RECEIVE COMPENSATION EQUAL TO HIS WEEKLY WAGES.
[[NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED OR
APPLIED TO CHANGE THE LAW AS TO ANY SUCH INJURY OR STRAIN
WHICH OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS
SUBSECTION. THIS SECTION SHALL APPLY ONLY TO INJURIES
OCCURRING ON OR AFTER JULY 1, 1975.]]

(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] A determination of [a] serious
disability. The weeks for such award shall be increased
by one third (computed to the nearest whole number); and