3280

LAWS OF MARYLAND

[Ch. 746

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 36(8) (a) of Article 101 -
Workmen's Compensation, of the Annotated Code of Maryland
(1964 Replacement Volume and 1974 Supplement) be and it
is hereby repealed and re—enacted, with amendments, to
read as follows:

Article 101 — Workmen's Compensation

[[101]]36.

(8) (a) In case the injury causes death within
the period of seven years from the date of the accident
the benefits shall be in the amounts and to the persons
following: If there are wholly dependent persons at the
time of death, the payment shall be sixty—six and
two-thirds per centum of the average weekly wages of the
deceased employee, not to exceed, however, a maximum of
[sixty—six and two—thirds per centum] 100 PERCENT 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
deceased employee's established weekly wages were less
than twenty—five dollars per week at the time of the
injury in which event the compensation shall be an amount
equal to the average weekly wages, and to continue to be
paid during total dependency but not to exceed
$45,000.00, except as otherwise provided in this section.
If a surviving wife, husband, or child continues to be
totally dependent after the total amount of $45,000.00
has been paid, further payments to the surviving wife,
husband, or child shall be paid at the same weekly rate
during his or her total dependency. If a surviving wife,
husband or child, except as set forth in paragraph (d)
herein, who is wholly dependent at the time of death
becomes thereafter wholly or partially self—supporting,
payments shall nevertheless continue until the total sum
of $45,000.00 has been paid, and thereafter further
benefits shall cease. It is the intention herein that a
surviving wife or husband who is wholly dependent at the
time of death shall receive at least the total sum of
$45,000.00, even though she or he becomes wholly or
partially self—supporting before that sum is paid. The
Commission has continuing jurisdiction to determine
whether the surviving wife, husband, or child has become
wholly or partially self—supporting, and to suspend,
terminate or reinstate suspended or terminated payments
of compensation. The provisions of this paragraph 8 (a)
which provide for a continuation of payments until the
total sum of $45,000 has been paid do not apply to a
widow or widower who remarries; for this person the
payments shall cease as of the time of remarriage, but he
may receive and keep the payments made under paragraph 8