3340

LAWS OF MARYLAND

Ch. 713

FOR the purpose of permitting the Subsequent Injury Fund to seek
reimbursement from liable third parties for compensation
benefits, medical or surgical services, funeral expenses or
any other payments made under certain provisions of the
Workmen's Compensation law; providing that proceedings must
be started within a certain time; providing that certain
costs and fees may not be recovered; and generally relating
to third party liability and the Subsequent Injury Fund.

BY repealing and reenacting, with amendments,

Article 101 - Workmen's Compensation

Section 58

Annotated Code of Maryland

(1979 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 101 - Workmen's Compensation

58.

Where injury or death for which compensation is payable
under this article was caused under circumstances creating a
legal liability in some person other than the employer to pay
damages in respect thereof, the employee, or in the case of
death, his personal representative or dependents as hereinbefore
defined, may proceed either by law against that other person to
recover damages or against the employer for compensation under
this article, or in case of joint tort-feasors against both; and
if compensation is claimed and awarded or paid under this
article, any employer, if he is self-insured, insurance company,
association [or], the State Accident Fund, OR THE SUBSEQUENT
INJURY FUND, may enforce for their benefit, as the case may be,
the liability of such other person; provided, however, if damages
are recovered in excess of the compensation already paid or
awarded to be paid under this article, and also any payments made
for medical or surgical services, funeral expenses or for any of
the other purposes enumerated in § 36 of this article, then any
such excess shall be paid to the injured employee, or in case of
death to his dependents less the expenses and costs of action
incurred by the employer, insurance company, association [or],
State Accident Fund, OR THE SUBSEQUENT INJURY FUND as the case
may be. If any such employer, insurance company, association
[or], State Accident Fund, OR THE SUBSEQUENT INJURY FUND shall
not, within two months from the passage of the award of this
Commission, start proceedings to enforce the liability of such
other person, the injured employee, or in case of death, his
dependents, may enforce the liability of such other person,
provided, however, that if damages are recovered the injured
employee or in case of death his dependents may first retain
therefrom the expenses and costs of action incurred by the said