HARRY HUGHES, Governor

2929

Section 49 and 66(5)
Annotated Code of Maryland
(1985 Replacement Volume)

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

Article 101 - Workmen's Compensation

49.

In every case providing for compensation to the injured
employee or his dependent, excepting temporary disability, the
Commission may, if in its opinion the facts and circumstances of
the case warrant it, convert the compensation to be paid in a
partial or total lump sum, without discount. Lump-sum payments
may also be made by the Commission for the purposes provided for
in § 57 of this article. However, no lump sum may be granted from
compensation payable after the sum of $45,000 has been paid. If a
lump sum is granted under § 36 (1) (a) or § 36 (8) of this
article OR IN ANY CASE INVOLVING PAYMENTS UNDER AN AWARD OF
PERMANENT TOTAL DISABILITY OR DEATH BY AN EMPLOYER OR ITS
INSURANCE CARRIER OR BY THE SUBSEQUENT INJURY FUND, WHETHER THE
LUMP SUM IS GRANTED UNDER THIS SECTION OR FOR THE PURPOSES
PROVIDED IN § 57 OF THIS ARTICLE, the Commission shall reduce the
weekly rate of compensation until the amount of the lump sum
granted would have been paid if that sum had been paid in weekly
payments. WHEN PAYMENTS ARE MADE BY THE SUBSEQUENT INJURY FUND
IN PERMANENT TOTAL DISABILITY OR DEATH CASES UNDER THIS SECTION,
THE WORKMEN'S COMPENSATION COMMISSION SHALL DETERMINE IN ITS
AWARD, BOTH THE DOLLAR AMOUNT AND THE PRECISE NUMBER OF WEEKS TO
BE PAID BY THE EMPLOYER OR ITS INSURANCE CARRIER AT THE REDUCED
WEEKLY RATE AND, AND WHEN SUBSEQUENT INJURY FUND PAYMENTS APPLY,
THE DOLLAR AMOUNT AND THE PRECISE NUMBER OF WEEKS TO BE PAID BY
THE SUBSEQUENT INJURY FUND AT THE REDUCED WEEKLY RATE. THE
PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO PAYMENTS MADE
UNDER § 57 OF THIS ARTICLE.

66.

(5) In any case which shall come before the Workmen's
Compensation Commission involving payments from the fund, it
shall request the Attorney General to furnish a member of his
staff to represent the fund in hearings before it. In a case in
which the fund is impleaded and subject to the approval of the
Subsequent Injury Fund Board, the representative of the fund may
hire any experts necessary to properly defend the action.
Expenses incurred shall be paid from the Subsequent Injury Fund
as directed by the Board. In any award it shall make from the
fund, the Commission shall specifically find the amount the
injured employee shall be paid weekly, the number of weeks'
compensation to be paid, the date upon which payments from the
fund shall begin, and, if possible, the length of time such
payments shall continue. In making any award from the fund for a