BLAIR LEE III, Acting Governor

1071

THIS ARTICLE.

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 payments shall be in lieu of any and all
rights of action whatsoever against any person whomsoever.

(8) (f) If there be no dependents,       the

disbursements shall be limited to the expense provided for

in §37 hereof. IN ADDITION TO THESE DISBURSEMENTS,      ALL

INSURED AND SELF-INSURED EMPLOYEES ARE SUBJECT     TO
ASSESSMENTS AS PROVIDED IN §91(E) OF THIS ARTICLE.

91-

{E) (1) IF THE COMMISSION DETERMINES THAT PAYMENT
OF COMPENSATION AWARDED OR LIKELY TO BE AWARDED AGAINST AN
INSURED OR SELF-INSURED EMPLOYEE IS NOT AWARDED OR IS ABATED
BECAUSE OF DEATH OR LACK OF A CLAIMANT ELIGIBLE FOR THE
COMPENSATION, THE COMMISSION SHALL LEVY AGAINST THE AWARD AN
ASSESSMENT TO SUPPLEMENT THE FUND- THE ASSESSMENT MAY NOT
EXCEED THE GREATER OF THE AMOUNT OF $4,500 OR SHALL BE EQUAL
TO 10 PERCENT OF THE AMOUNT OF .COMPENSATION AWARDED OR
LIKELY TO BE AWARDED AND UNPAID, BUT IN NO CASE SHALL THE
ASSESSMENT EXCEED $4,500.

(2)    IF AN EMPLOYEE DIES AS A RESULT OF AN
ACCIDENTAL INJURY OR OCCUPATIONAL DISEASE THAT ARISES OUT OF
AND IN THE COURSE OF HIS EMPLOYMENT AND WITHOUT ANY
SURVIVING DEPENDENT, THE COMMISSION ON EXPIRATION OF THE
TIME PERIOD WITHIN WHICH A CLAIM MAY BE FILED UNDER THIS
ARTICLE, SHALL ASSESS THE INSURER OR SELF-INSURED EMPLOYEE
$4,500.

(3)    THIS SUBSECTION DOES NOT APPLY TO ANY AWARD
AGAINST THE SUBSEQUENT INJURY FUND.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved April 11, 1978.

CHAPTER 119
(House Bill 355)
AN ACT concerning

Income Tax — Historic Property