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Session Laws, 1982
Volume 742, Page 104   View pdf image
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104

LAWS OF MARYLAND

Ch. 17

loss of an arm. Amputation at or above the knee shall be
considered as the loss of a leg.

(e)  In all cases where there has been an
amputation of a part of any member of the body herein
specified, or the loss of the use of any part thereof, for
which compensation is not specifically provided herein the
Commission shall allow compensation for such proportion of
the total number of weeks allowed for the amputation or the
loss of the use of the entire member, as the affected or
amputated portion thereof bears to the whole.

(f)  For other mutilations and disfigurations not
hereinbefore provided for, compensation shall be allowed in
the discretion of the Commission, for not more than 156
weeks, as the Commission may fix, in each case having due
regard to the character of the mutilation and disfigurement
as compared with mutilation and injury hereinbefore
specifically provided for.

(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 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 500 weeks, 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-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.

(b)  The compensation for the foregoing specific
injuries, payable under this subsection and subsection (3),
shall be paid in addition to, and consecutively with, the
compensation hereinbefore provided in subsection (2) of this
section.

(c)  If any employee dies from any cause or
causes not compensable under this article, the right to any

 

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Session Laws, 1982
Volume 742, Page 104   View pdf image
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