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1107
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HARRY HUGHES, Governor
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Workmen's Compensation - Subsequent Injury Fund
FOR the purpose of providing a method of assessments to support
the Subsequent Injury Fund and a mechanism for handling the
assessments; providing that the Subsequent Injury Fund Board
shall handle certain administrative functions formerly
handled by the Workmen's Compensation Commission; granting
the Subsequent Injury Fund Board the authority to hire
experts necessary to defend actions against the Subsequent
Injury Fund; providing that the funding for the budget of
the Subsequent Injury Fund shall be made directly from
assets of the Subsequent Injury Fund; providing for an
effective date; deleting certain obsolete language; and
generally relating to the Subsequent injury Fund.
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BY repealing and reenacting, with amendments,
Article 101 - Workmen's Compensation
Section 66
Annotated Code of Maryland
(1979 Replacement Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 101 - Workmen's Compensation
66.
(1) Whenever an employee who has a permanent impairment due
to previous accident or disease or any congenital condition,
which is or is likely to be a hindrance or obstacle to his
employment, incurs subsequent disability by reason of a personal
injury, for which compensation is required by this article
resulting in permanent partial or permanent total disability that
is substantially greater by reason of the combined effects of the
impairment and subsequent injury than that which would have
resulted from the subsequent injury alone, the employer or his
insurance carrier shall be liable only for the compensation
payable under this article for such injury. However, in addition
to such compensation to which the employer or his insurance
carrier is liable, and after the completion of payments therefor
provided by this article, the employee shall be entitled to
receive and shall be paid additional compensation from a special
fund to be known as the "Subsequent Injury Fund," created for
such purpose, in the manner described hereafter in this section,
it being the intent of this section to make the total payments to
which such employee shall become entitled equal to the
compensation that would be due for the combined effects of the
impairment and subsequent injury resulting in permanent total
disability or a substantially greater permanent partial
disability.
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