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1841
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HARRY HUGHES, Governor
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the [fund] FUND which is in excess of the total amount of
compensation awarded to or on behalf of such injured employee or
his dependents and the reasonable and necessary expenditures
incurred in effecting such recovery shall be apportioned between
the injured employee or his dependents and the [fund] FUND. The
balance of said recovery shall first be applied to reimburse the
[fund] FUND for its reasonable and necessary expenditures in
effecting such recovery and the remainder shall be applied to
repayment of any award paid by the [fund] FUND to or on behalf of
the injured employee or his dependents in such case. If there
still remains a balance it shall first be applied to the
outstanding unsatisfied demand for security, if any, in said case
and assessments, if any, imposed against the UNINSURED employer
pursuant to the provisions of [this subtitle] SECTION 91 OF THIS
ARTICLE; the remainder, if any, to be returned to the UNINSURED
employer.
97.
Notwithstanding any other provision of this article to the
contrary, a compromise by the claimant of his cause of action in
an amount less than the sum paid to or on behalf of the claimant
from the [fund] FUND, shall be made only with the written consent
of the [Commission] DIRECTOR.
98.
The provisions of this subtitle with respect to the
liability of the [fund] FUND to pay awards against DEFAULTING
uninsured [defaulting] employers shall apply only to claims
wherein the injury shall occur on or after the first day of
January, 1968, or wherein death shall occur as the result of an
injury sustained on or after the aforesaid first day of January.
99.
The [Commission] BOARD may make reasonable regulations for
the processing and payment of compensation out of the [fund]
FUND.
100.
The liability of the [Commission] BOARD, the State
Treasurer, the [fund] FUND and the State of Maryland with respect
to payment of any compensation, benefits, expenses, fees or
disbursements properly chargeable against the [fund] FUND shall
be limited to the assets in [said fund] THE FUND and they shall
not otherwise in any way or manner be liable for the making of
any such payment.
101.
All assessments payable pursuant to the provisions of this
subtitle shall be liens against the assets of the employer liable
therefor without limit of amount, subordinate, however, to claims
for unpaid wages and prior recorded liens.
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