HARRY HUGHES, Governor

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Respectfully submitted,
Harry Hughes
Governor

Approved April 28, 1981.

CHAPTER 95

(Senate Bill 41)

AN ACT concerning

Accident Leave - Right of Subrogation

FOR the purpose of providing that the State has a right of
subrogation in certain cases where accident leave is
granted to State employees; requiring that the State
give certain notice prior to exercising the right; and
providing that the filing of an action brought pursuant
to this Act shall not bar any related cause of action.

BY adding to

Article 64A - Merit System

Section 37(g)(4)

Annotated Code of Maryland

(1979 Replacement Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 64A - Merit System

37.

(g) (4) WHERE INJURY FOR WHICH COMPENSATION IS PAID
UNDER THIS SECTION SUBSECTION WAS CAUSED UNDER CIRCUMSTANCES
CREATING A LEGAL LIABILITY IN SOME PERSON OTHER THAN THE
EMPLOYER TO PAY DAMAGES IN RESPECT THEREOF, THE INJURED
EMPLOYER, AFTER GIVING WRITTEN NOTICE TO THE INJURED
EMPLOYEE, SHALL BE SUBROGATED TO THE RIGHTS OF THE INJURED
EMPLOYEE, TO THE EXTENT OF THE PAYMENT MADE, AND IF THE
INJURED EMPLOYEE, WITHIN 90 DAYS OF RECEIPT OF WRITTEN
NOTICE FROM THE STATE, FAILS TO ENFORCE THE LIABILITY OF
SUCH OTHER PERSON, THE STATE MAY ENFORCE, IN ITS OWN NAME
AND FOR ITS OWN BENEFIT, THE LIABILITY OF SUCH OTHER PERSON
AND IS THUS AUTHORIZED TO BRING AN ACTION OR JOIN IN AN
ACTION AGAINST SUCH PERSON FOR REIMBURSEMENT OF MONEYS PAID
AND WHICH IT IS OBLIGATED TO PAY UNDER THE THE TERMS OF THIS