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Ch. 326
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1108
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LAWS OF MARYLAND
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Benefits from the Subsequent Injury Fund hereunder shall not
be payable unless the combined effects resulting from a previous
impairment and a subsequent accidental injury result in a
permanent disability exceeding 50 per centum (50%) of the body as
a whole; and that the previous impairment and subsequent
accidental injury is each compensable, as determined by the
Commission, for a period of not less than 125 weeks. However, the
previous impairment shall be determined as of the date of the
subsequent injury.
If the subsequent injury of such an employee shall result in
the death of the employee and it shall appear that death was due
in part to the previous impairment and in part to the subsequent
accidental injury, the Commission shall determine the proportion
of such death which is reasonably attributable to the subsequent
accidental injury and the proportion thereof which is reasonably
attributable to the previous impairment, and the employer or his
insurance carrier, or the State Accident Fund shall be liable for
the compensation payable for that proportion of the employee's
death which is reasonably attributable to the subsequent
accidental injury, and the Subsequent Injury Fund shall be liable
for the balance of benefits payable as in death cases resulting
solely from an accidental injury.
[Whenever the State Accident Fund, insurance carrier or
self-insured employer makes a supplemental allowance payment
under § 36 (10) of this article, he shall be reimbursed from the
Subsequent Injury Fund. The State Accident Fund, insurance
carrier or self-insured employer shall annually, on or before
June 1 of each year, file with the Workmen's Compensation
Commission, for submission to the Treasurer of the State of
Maryland, a report on a form prescribed by the Workmen's
Compensation Commission, setting forth the money expended for the
payment of all supplemental allowances made during the previous
calendar year or a portion thereof. The Workmen's Compensation
Commission shall audit these reports before submission to the
Treasurer to determine their validity. The Treasurer shall
reimburse the State Accident Fund, insurance carrier or
self-insured employer annually, on or before the 1st of August of
each year, from the Subsequent Injury Fund only upon written
order of the Workmen's Compensation Commission.]
(2) [The employer, or, if insured, his insurance carrier,
or the State Accident Fund, as the case may be, shall pay to the]
THE Workmen's Compensation Commission SHALL ASSESS an amount
equal to five per centum (5%) on all awards rendered against such
employer, OR IF INSURED, HIS INSURANCE CARRIER, OR THE STATE
ACCIDENT FUND, for permanent disability and death, including
awards for disfigurement and mutilation and also on all amounts
payable by an employer and his insurance carrier or the State
Accident Fund in pursuance to settlement agreements approved by
the Commission, as to awards and settlement agreements approved
on and after June 1, 1963 TO BE MADE PAYABLE TO THE SUBSEQUENT
INJURY FUND. These payments shall be in addition to any payment
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