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ROBERT L. EHRLICH, JR., Governor
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Ch. 601
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(1) institute a civil action to recover the money paid under the award;
(2) refer the matter to the appropriate authority for prosecution under §
9-1108 of this title; or
(3) do both.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF THE UNINSURED
EMPLOYER IS A CORPORATION THE ASSETS OF WHICH ARE NOT SUFFICIENT TO
SATISFY AN AWARD, ANY OFFICER OF THE CORPORATION WHO HAS RESPONSIBILITY
FOR THE GENERAL MANAGEMENT OF THE CORPORATION IN THE STATE IS JOINTLY
AND SEVERALLY LIABLE FOR PAYMENT OF THE AWARD IF THE CORPORATE OFFICER
KNOWINGLY FAILED TO SECURE WORKERS' COMPENSATION INSURANCE.
(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF THE UNINSURED
EMPLOYER IS A LIMITED LIABILITY COMPANY THE ASSETS OF WHICH ARE NOT
SUFFICIENT TO SATISFY AN AWARD, ANY MEMBER OF THE COMPANY WHO HAS
RESPONSIBILITY FOR THE GENERAL MANAGEMENT OF THE LIMITED LIABILITY
COMPANY IN THE STATE IS JOINTLY AND SEVERALLY LIABLE FOR PAYMENT OF THE
AWARD IF A MEMBER OF THE LIMITED LIABILITY COMPANY WHO HAS GENERAL
MANAGEMENT RESPONSIBILITY KNOWINGLY FAILED TO SECURE WORKERS'
COMPENSATION INSURANCE.
9-1005.
(a) (1) When the Commission makes a decision on a claim for compensation
against an uninsured employer, the Commission shall impose against the uninsured
employer an assessment of:
[(1)] (I) at least $150 but not exceeding $500; and
[(2)] (II) 15% of any award made in the claim, not exceeding $2,500 in
any 1 claim.
(2) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF THE
UNINSURED EMPLOYER IS A CORPORATION THE ASSETS OF WHICH ARE NOT
SUFFICIENT TO SATISFY AN ASSESSMENT, ANY OFFICER OF THE CORPORATION WHO
HAS RESPONSIBILITY FOR THE GENERAL MANAGEMENT OF THE CORPORATION IN
THE STATE IS JOINTLY AND SEVERALLY LIABLE FOR THE ASSESSMENT IF THE
CORPORATE OFFICER KNOWINGLY FAILED TO SECURE WORKERS' COMPENSATION
INSURANCE.
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF THE
UNINSURED EMPLOYER IS A LIMITED LIABILITY COMPANY THE ASSETS OF WHICH
ARE NOT SUFFICIENT TO SATISFY AN ASSESSMENT, ANY MEMBER OF THE LIMITED
LIABILITY COMPANY WHO HAS RESPONSIBILITY FOR THE GENERAL MANAGEMENT
OF THE LIMITED LIABILITY COMPANY IN THE STATE IS JOINTLY AND SEVERALLY
LIABLE FOR THE ASSESSMENT IF A MEMBER OF THE LIMITED LIABILITY COMPANY
WHO HAS GENERAL MANAGEMENT RESPONSIBILITY KNOWINGLY FAILED TO
SECURE WORKERS' COMPENSATION INSURANCE.
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- 2835 -
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