2774

LAWS OF MARYLAND

Ch. 729

Department of Employment Security. The Department of Employment
Security shall report the average weekly wage of the State of
Maryland as of July 1, to the Workmen's Compensation Commission
no later than December 15 of each year. The average weekly wage
used for 1968 shall be that average weekly wage established by
the Department of Employment Security as of July 1, 1967. In no
case shall the employee receive less than a minimum of $50 per
week unless the employee's established weekly wages are less than
$50 per week at the time of the injury, in which event he shall
receive compensation equal to his weekly wages. Nothing in this
subsection shall be construed or applied to affect or change the
law as to any such injury or strain which occurred prior to the
effective date of this subsection, or to affect or change the law
applicable to persons eligible for benefits as the result of an
injury or injuries sustained when a different rate or percentage
payment basis is effective.

(II) 1. PRIOR TO TERMINATING THE PAYMENT OF
TEMPORARY TOTAL DISABILITY BENEFITS UNDER THIS SECTION, AN
INSURER SHALL GIVE THE CLAIMANT WRITTEN NOTICE OF THE DATE THE
BENEFITS ARE TO BE TERMINATED.

2.  NOTICE SHALL ACCOMPANY THE CLAIMANT'S
FINAL TEMPORARY TOTAL OF DISABILITY BENEFIT PAYMENT.

3.  THE NOTICE OF TERMINATION TO THE
CLAIMANT SHALL INCLUDE A STATEMENT ADVISING THE CLAIMANT OF:

A.  THE CLAIMANT'S RIGHT TO REQUEST A
HEARING BEFORE THE COMMISSION ON THE ISSUE OF THE INSURER'S
DECISION TO TERMINATE TEMPORARY TOTAL DISABILITY PAYMENTS; AND

B.  HOW AND WHEN TO REQUEST SUCH A
HEARING . ; AND

C.  THE REASON OR REASONS FOR TERMINATION
OF BENEFITS.

4.  THE PROVISIONS OF THIS SUBPARAGRAPH
(II) SHALL NOT APPLY IN CASES IN WHICH THE CLAIMANT HAS ACTUALLY
RETURNED TO HIS CURRENT EMPLOYMENT, OR IN CASES IN WHICH THE
TREATING PHYSICIAN CHOSEN BY THE CLAIMANT HAS ADVISED THE
CLAIMANT THAT MAXIMUM IMPROVEMENT FROM HIS INJURIES HAS BEEN
ACHIEVED, OR IN CASES OF TERMINATION AFTER THE DATE OF
TERMINATION AS SET FORTH IN AN ORDER OF THE COMMISSION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.

Approved May 27, 1986.