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Session Laws, 1983
Volume 745, Page 1840   View pdf image
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Ch. 576
1840 LAWS OF MARYLAND
The [Commission] DIRECTOR, if in [its] HIS discretion [it]
HE deems the interests of the Fund will be best served thereby,
may compromise the amount for which judgment has been entered
against an employer pursuant to this subtitle and the judgment
entered may be modified accordingly. Such compromise shall be
effective without the necessity of obtaining the approval of any
other State officials [thereto], but shall not reduce the amount
of benefits payable to or on behalf of any claimant. 94. The [Commission] DIRECTOR shall request the Attorney General
to furnish a member of his staff to serve as the representative
of the Fund and shall assign to assist him in the discharge of
his duties as such representative, such other employees of the
[Commission] BOARD as may be necessary for this purpose. Such
representative may apply to the [Commission] BOARD for authority
to hire such medical and other experts and to defray the expense
thereof and of such witnesses as are necessary to a proper
defense of the claim within an amount in the discretion of the
[Commission] BOARD and, if authorized, such amount shall be a
charge against the Fund. The representative of the Fund may
appear for and represent the interest of the Fund in any case in
court involving the rights of the Fund against another not in the
same employ as the employee who received benefits under this
article and whose injury or death was caused by the negligence or
wrong of such other. The representative of the Fund is
authorized only to represent the Uninsured Employers' Fund under
the direction of the [Commission] DIRECTOR, and may not represent
any other party in interest in any claim under this article. 95. The provisions of this article with respect to procedure and
the right to appeal to the courts shall be reserved to the
claimant, and to the uninsured employer, and to the Fund. 96. All the rights, powers and benefits of the UNINSURED
employer under this article shall become the rights, powers and
benefits of the [fund] FUND in any case in which the [fund] FUND
has paid or is paying compensation to an injured employee or his
dependents under this subtitle. If the UNINSURED employer has
also paid compensation to or on behalf of the injured employee or
his dependents in such case any recovery by the [fund] FUND shall
first be applied to repayment of any awards paid by the [fund]
FUND to or on behalf of the injured employee or his dependents in
such case, the balance then applied to any outstanding
unsatisfied demand for security in said case and assessments
imposed against the UNINSURED employer pursuant to the provisions
of this subtitle, the remainder, if any, to be returned to the
UNINSURED employer. If the UNINSURED employer has also paid
compensation to or on behalf of the injured employee or his
dependents in such case, that portion, if any, of a recovery by


 
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Session Laws, 1983
Volume 745, Page 1840   View pdf image
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