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Session Laws, 1985
Volume 760, Page 2932   View pdf image
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2932                                          LAWS OF MARYLAND                                      Ch. 614

an uninsured employer with respect to any claim for compensation
referred to in this section but not payable from the Fund, except
fines collected from such employer pursuant to § 19 of this
article, whether such collection is made prior or subsequent to
entry of judgment against such employer, shall be deemed in
payment of and applicable first in satisfaction of any
compensation and benefits due from such employer with respect to
such claim and security demand, if any, in connection therewith
and only when such obligations are satisfied in full shall the
balance of said sums collected, if any, be deemed payment in
satisfaction and applicable to the assessments above prescribed
in this section.

(f)  All sums recovered from uninsured employers on
judgments entered for failure to pay assessments as hereinbefore
provided and for failure to pay compensation and benefits which
were paid from the Fund shall upon such recovery be paid into
said Fund.

(g) (1) If the Director determines that payment of
compensation awarded or likely to be awarded against an insured
or self-insured employer is not awarded or is abated because of
death or lack of a claimant eligible for the compensation, the
Director shall levy against the award an assessment to supplement
the Fund. The assessment shall be equal to 10 percent of the
amount of compensation awarded or likely to be awarded and
unpaid, but in no case shall the assessment exceed $4,500.

(2)  If an employee dies as a result of an accidental
injury or occupational disease that arises out of and in the
course of his employment and without any surviving dependent, the
Director on expiration of the time period within which a claim
may be filed under this article, shall assess the insurer or
self-insured employee $4,500.

(3)  This subsection does not apply to any award
against the Subsequent Injury Fund.

(H) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IF
AN EMPLOYER FAILS TO PAY AN ASSESSMENT REQUIRED UNDER THIS
SECTION, THE DIRECTOR OF THE UNINSURED EMPLOYERS' FUND BOARD
SHALL NOTIFY EACH STATE, COUNTY, OR MUNICIPAL LICENSING AGENCY
THAT HAS ISSUED A LICENSE OR PERMIT TO THE EMPLOYER FOR AN
ACTIVITY FOR WHICH WORKMEN'S COMPENSATION COVERAGE IS REQUIRED BY

LAW TO SUSPEND THAT LICENSE. THE DIRECTOR SHALL FORWARD A COPY
OF THE NOTIFICATION TO THE EMPLOYER BY CERTIFIED MAIL. WITHIN 15
DAYS AFTER RECEIPT OF THE NOTIFICATION, THE LICENSING AGENCY
SHALL SUSPEND THE LICENSE OF THE EMPLOYER UNTIL THE EMPLOYER
PAYS, OR AGREES TO PAY, THE ASSESSMENT TO THE FUND IN A MANNER
APPROVED BY THE UNINSURED EMPLOYERS' FUND BOARD.

(H) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IF
AN EMPLOYER FAILS TO PAY AN ASSESSMENT REQUIRED UNDER THIS
SECTION, THE DIRECTOR OF THE UNINSURED EMPLOYERS' FUND BOARD
SHALL NOTIFY THE EMPLOYER BY CERTIFIED MAIL, RETURN RECEIPT

 

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Session Laws, 1985
Volume 760, Page 2932   View pdf image
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