HARRY HUGHES, Governor

107

(7)  Whenever it shall appear that any permanent
disability from which an employee is suffering following an
accidental injury, is due in part to such injury, and in
part to a preexisting disease or infirmity, the Commission
shall determine the proportion of such disability which is
reasonably attributable to the injury and the proportion
thereof which is reasonably attributable to the preexisting
disease or infirmity, and such employee shall be entitled to
compensation for that proportion of his disability which is
reasonably attributable solely to the accident and shall not
be entitled to compensation for that proportion of his
disability which is reasonably attributable to the
preexisting disease or infirmity. This subsection shall
not apply to temporary total and temporary partial
disability. This subsection shall not apply where the
combined effects resulting from a previous impairment, as
defined in § 66(1), and a subsequent accidental injury
result in a permanent disability exceeding fifty per centum
(50%) of the body as a whole.

(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 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