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2006 LAWS OF MARYLAND
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Ch. 601
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(b) The Commission shall direct payment of an assessment under subsection
(a) of this section into the Fund.
9-1007.
(a) (1) Except as provided in subsection (b) of this section, the Commission
shall impose against an employer or, if insured, its insurer an assessment equal to 1%
of:
[(1)] (I) each award against the employer for permanent disability or
death, including awards for disfigurement or mutilation; and
[(2)] (II) each amount payable by the employer or its insurer under a
settlement agreement approved by the Commission.
(2) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF THE
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
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.
(b) Notwithstanding the limit on the balance of the Fund under § 9-1011 of
this subtitle, if the Board determines that the reserves of the Fund are inadequate to
meet anticipated losses, the Board may direct the Commission to assess an additional
1% under subsection (a) of this section.
(c) Any fractional dollar of payment under this section shall be rounded off to
the nearest whole dollar.
(d) The Commission shall direct payment of an assessment under subsection
(a) or (b) of this section into the Fund.
(e) Payments under this section are in addition to the payment of
compensation to a covered employee or the dependents of a covered employee under
this title.
9-1107.
(a) An employer who self insures under § 9-405 of this title or participates in
a governmental self-insurance group under § 9-404 of this subtitle and fails to apply
to the Commission for approval of the self-insurance plan of the employer or
governmental self-insurance group in accordance with § 9-403 of this subtitle is
- 2836 -
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