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Session Laws, 1982
Volume 742, Page 111   View pdf image
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HARRY HUGHES, Governor

111

(g) This subsection shall apply only to injuries
occurring on or after July 1, 1968.

(10) (a) Any employee who is permanently and totally
disabled as the result of any injury suffered prior to July
1, 1973, and July 1, 1965, and who is receiving benefits as
a result of the injury on July 1, 1973, for permanent and
total disability shall be entitled to a supplemental
allowance of compensation as calculated under paragraph (b)
provided that the supplemental allowance received when added
to the present compensation received shall not exceed the
maximum weekly benefit provided in § 36(2) of this article,
subject to change from time to time. The State Accident
Fund, insurance carrier or self-insured employer shall pay
the supplemental allowance, and shall notify the Commission
upon its decision to pay a supplemental allowance under this
section. The supplemental allowance shall continue only for
the number of weeks that the employee is entitled to receive
benefits under his original award.

(b) The employees eligible under paragraph (a)
of this subsection shall be entitled to a weekly
supplemental allowance equal to the product of the following
two numbers:

(1)  The difference between the maximum
fixed weekly benefit provided in § 36(2) of this article, as
it may change from time to time, and the maximum fixed
weekly benefit applicable at the time the award was made;
and

(2)  The quotient of the actual weekly
benefit at the time the award was made and the maximum fixed
weekly benefit applicable at the time the award was made.

(11)  A provision in this section may not be construed
to change the law pertaining to an injury or disease
occurring prior to the effective date of any provision in
this section for which a claim under this article is made.
A provision in this section may not be construed to change
the payment basis in effect at the time an injury or disease
occurs for which a claim is made under this article.

(12)  Any compensation received under this article
shall be computed in accordance with the applicable schedule
in this section. The rate of compensation for any
disability under this section shall be computed to the next
highest dollar in all cases in which the rate of computation
results in an uneven amount.

(13)  If the Commission finds that any compensation
payment awarded pursuant to this article has not been paid,
through the fault of the insurer or self-insurer, by the
thirty-first day after the order therefor was issued or the

 

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Session Laws, 1982
Volume 742, Page 111   View pdf image
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