2430

LAWS OF MARYLAND

Ch. 706

disablement or death were an injury by accident, except as
otherwise provided in §§ 22 to 30 [hereof] OF THIS ARTICLE;
and the practice and procedure prescribed elsewhere in this
article shall apply to proceedings for compensation for
[such] THE diseases, except as PROVIDED in [said] §§ 22 to
30, and §§ 52, 56 and 67 OF THIS ARTICLE [, as hereby
amended, otherwise provided].

23.

(b) (1) When compensation is payable for an
occupational disease, the employer in whose employment the
employee was last injuriously exposed to the hazards of
[such] THE disease, and the insurance carrier, if any, on
the risk when [such] THE employee was last so exposed under
[such] THE employer, shall be liable therefor; the amount of
the compensation shall be based upon the average wages of
the employee when [last so exposed under such employer]
FIRST DISABLED; and the notice of injury and claim for
compensation, as hereinafter required, shall be given and
made to [such] THE employer[; provided, however, that in
case of silicosis or asbestosis the only employer or
insurance carrier liable shall be the last employer in whose
employment the employee was last injuriously exposed to the
hazards of the disease during a period of sixty (60) days or
more after the effective date of this subtitle, and the
insurance carrier, if any, on the risk when the employee was
last so exposed under such employer].

(2) WHEN THE EMPLOYER NO LONGER MAINTAINS A
PLACE OF BUSINESS, COMPENSATION WILL BE PAYABLE BY THE
SUBSEQUENT INJURY FUND.

[(c) An employer shall not be liable for any

compensation for an occupational disease unless such

disease, except in case of silicosis, asbestos or other
pulmonary dust disease, shall be due to the nature of an
employment in which the hazards of such disease actually
exist, and to a reasonable degree of medical certainty is OR
THE MANIFESTATIONS OF THE DISEASE ARE CONSISTENT WITH THOSE

KNOWN TO RESULT FROM EXPOSURE TO A GIVEN PHYSICAL,

BIOLOGICAL, OR CHEMICAL AGENT attributable to his type of

employment, and is actually THERE IS A REASONABLE

LIKELIHOOD THAT THE DISEASE WAS incurred in his employment
and unless disablement or death results within one (1) year
after the last injurious exposure to such disease in such
employment, or, in case of death, unless death follows
continuous disability from such disease, commencing within
the period above limited, for which compensation has been
paid or awarded or claim made as provided in this article,
and results within seven (7) years after such last exposure.
The liability of an employer shall not be limited as
provided by this subsection in the case of disease caused by
ionizing radiation.] COMPENSATION FOR AN OCCUPATIONAL
DISEASE UNLESS: