756

LAWS OF MARYLAND

Ch. 169

CHAPTER 169

(Senate Bill 949)

AN ACT concerning

Workmen's Compensation Commission - Penalties Against Insurers

FOR the purpose of permitting the Workmen's Compensation

Commission to assess insurer's additional specified amounts
under certain circumstances; altering the procedures to be
followed by the Workmen's Compensation Commission when an
insurer fails to comply a specified number of times with
certain insurance certification requirements; and generally
relating to penalties against insurers.

BY repealing and reenacting, with amendments,

Article 101 - Workmen's Compensation

Section 91(d)

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

91.

(d) (1) For the purpose of establishing and maintaining
this Fund, the Commission shall impose an assessment of $150
against an uninsured employer as defined in § 102 of this article
when the Commission renders a decision on a claim for
compensation. The Commission shall direct payment of the
assessment into the Fund in connection with each such claim when
an injury occurred on or after the first day of January, 1968, or
in death cases, where death is the result of an injury occurring
on or after that date. The Commission shall also impose an
additional assessment of 15 percent of the awards made in each
such claim, such additional assessment not to exceed $1,500 in
any one claim, and shall direct that such additional assessment
also be paid into the Fund.

(2) The Commission may assess an insurer $150,
payable to the Fund, if the insurer failed to comply with the
Commission's requirements concerning certification of insurance
with the Commission and it finds that the Fund OR THE COMMISSION
was required to investigate or to attend a hearing to ascertain
the existence of insurance. The Commission may assess the insurer
an additional $300 for each subsequent failure to comply with the
Commission's insurance certification requirements. Following an
insurer's fifth failure IN A FISCAL YEAR to comply, the
Commission shall MAY [notify the Insurance Commissioner and