HARRY HUGHES, Governor
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event the fund shall notify the Commission that it objects
to the findings, decision, award, or the liability of the
fund therefor, its objections shall be considered as an
application for review pursuant to the provisions of § 95 of
this article.
(c) Notwithstanding any other provision of this
subtitle, awards made pursuant to § 47 of this article shall
not be the liability of the fund and shall not be payable
therefrom.]
(B) PROMPTLY AFTER THE ELAPSE OF THE 30 DAY PERIOD
PROVIDED IN SUBSECTION (A) OF THIS SECTION THE COMMISSION
SHALL NOTIFY THE EMPLOYER THAT THE EMPLOYER IS IN DEFAULT.
THE EMPLOYER SHALL MAKE PROMPT PAYMENT OF THE AWARD. IF THE
EMPLOYER OBJECTS TO THE AWARD, HE SHALL, WITHIN 30 DAYS,
NOTIFY THE COMMISSION OF THE REASONS FOR THE OBJECTION. THE
EMPLOYER'S NOTICE TO THE COMMISSION SHALL SERVE AS AN
APPLICATION FOR REVIEW UNDER THE PROVISIONS OF § 95 OF THIS
ARTICLE.
(C) IF THE EMPLOYER DOES NOT NOTIFY THE COMMISSION OF
HIS OBJECTION AS PROVIDED IN SUBSECTION (B) AND DOES NOT
MAKE PAYMENT OF THE AWARD, THE CLAIMANT MAY APPLY TO THE
COMMISSION FOR PAYMENT FROM THE FUND.
(D) IF THE FUND MAKES PAYMENT AS DIRECTED BY THE
COMMISSION, IT SHALL BE SUBROGATED TO THE RIGHTS OF THE
CLAIMANT AGAINST THE EMPLOYER, AS SET FORTH IN § 96 OF THIS
ARTICLE, AND MAY INSTITUTE A CIVIL ACTION TO RECOVER MONEYS
PAID UNDER THE AWARD, OR PROSECUTE A CRIMINAL ACTION REFER
THE MATTER TO THE APPROPRIATE AUTHORITY FOR PROSECUTION
UNDER § 19(F) OF THIS ARTICLE, OR BOTH.
91.
(b) (4) (i) When the fund equals or exceeds $500,000,
[the Fund Board shall notify the Commission that] further
contribution may not be acquired from employers, insurance
carriers, or the State Accident Fund. The Commission
thereupon shall so notify each self-insured employer, each
insurance carrier, and the State Accident Fund.
(ii) When the amount of the fund is
reduced below $250,000 because of payments made pursuant to
§ 90 of this article or otherwise, or when the [Workmen's
Compensation Fund Board] COMMISSION determines that payments
likely to be made from the fund in the next succeeding 3
months will cause the fund to be reduced below $250,000[,
the Workmen's Compensation Fund Board shall notify the
Commission] THE COMMISSION SHALL NOTIFY EACH SELF-INSURED
EMPLOYER, EACH INSURANCE CARRIER, AND THE STATE ACCIDENT
FUND THAT THE CONTRIBUTIONS ARE TO BE RESUMED AS OF A
SPECIFIED DATE AND TO CONTINUE UNTIL THE FUND AGAIN TOTALS
$500,000.
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