Ch. 591

LAWS OF MARYLAND

(1) (a) In case of total disability, adjudged to be
permanent sixty-six and two-thirds per centum of the average
weekly wages shall be paid to the employee by the employer or
insurer during the continuance of such total disability, not to
exceed a maximum of one hundred per centum of the average weekly
wage of the State of Maryland as determined by the Department of
Employment [Security] AND TRAINING, as provided in § 36(2) of
this article and not less than a minimum of twenty-five dollars
per week, unless the employee's established weekly wages are less
than twenty-five dollars per week at the time of injury, in which
event he shall receive compensation in an amount equal to his
average weekly wages but not to exceed a total of $45,000.00;
provided, however, that if the employee's total disability shall
continue after a total of $45,000.00 has been paid, then further
weekly payments at the rate previously paid shall be paid to him
during such disability. COMPENSATION UNDER THIS SUBSECTION SHALL
BE SUBJECT TO AN ANNUAL COST OF LIVING ADJUSTMENT EQUAL TO THE

THE ADJUSTMENT IN COMPENSATION FOR THE FISCAL YEAR IN WHICH

COMPENSATION IS PAYABLE SHALL BE THE INITIAL ANNUAL RATE OF
COMPENSATION MULTIPLIED BY THE PERCENTAGE RATE OF CHANGE IN THE
CONSUMER PRICE INDEX, BUT THE ANNUAL RATE OF CHANGE APPLIED AS AN
ADJUSTMENT MAY NOT EXCEED FIVE PER CENTUM. THIS ADJUSTMENT SHALL
BE APPLIED TO THE COMPENSATION, AS ADJUSTED, PAID DURING THE
PRIOR YEAR. [Loss or loss of use of both hands, or both arms, or
both feet or both legs, or both eyes, or of any two thereof,
shall, in the absence of conclusive proof to the contrary,
constitute permanent total disability. In all other cases
permanent total disability shall be determined in accordance with
the facts.] THE RATE OF CHANGE IN THE CONSUMER PRICE INDEX SHALL
BE DETERMINED BY THE DEPARTMENT OF ECONOMIC AND COMMUNITY
DEVELOPMENT AND REPORTED TO THE COMMISSION BY JUNE 30 EACH YEAR
FOR THE PRECEDING CALENDAR YEAR. BY JULY 31 OF EACH YEAR, THE
COMMISSION SHALL PUBLISH THE AMOUNT OF THE COST OF LIVING
ADJUSTMENT WHICH SHALL BECOME EFFECTIVE JANUARY 1 OF THE
FOLLOWING YEAR. IF AN EMPLOYEE ENTITLED TO COMPENSATION UNDER
THIS SUBSECTION ALSO RECEIVES FEDERAL SOCIAL SECURITY DISABILITY
INSURANCE BENEFITS, THE ADJUSTED ANNUAL COMPENSATION PAID SHALL
BE REDUCED TO THE EXTENT NECESSARY TO AVOID A DIMINUTION OF
FEDERAL SOCIAL SECURITY DISABILITY BENEFITS. WHEN FEDERAL SOCIAL
SECURITY DISABILITY INSURANCE BENEFITS LAW NO LONGER IMPOSES A
DIMINUTION IN THE PAYMENT OF THE ADJUSTMENT IN COMPENSATION
PAYABLE, PAYMENTS SHALL BE MADE TO THE FULL EXTENT PERMITTED IN
THIS SUBSECTION. AS USED IN THIS SUBSECTION, "CONSUMER PRICE
INDEX" MEANS THE LOWER OF THE AVERAGE OF THE CONSUMER PRICE
INDICES (ALL URBAN CONSUMERS, ALL ITEM INDEX) PUBLISHED BY THE
UNITED STATES DEPARTMENT OF LABOR FOR THE BALTIMORE MSA AND FOR

THE WASHINGTON, D.C. MSA MARYLAND VIRGINIA OR THE U.S. CITY

AVERAGE CONSUMER PRICE INDEX (ALL URBAN CONSUMERS, ALL ITEM
INDEX).                        

(B) LOSS OR LOSS OF USE OF BOTH HANDS, OR BOTH ARMS,
OR BOTH FEET OR BOTH LEGS, OR BOTH EYES, OR OF ANY TWO THEREOF,
SHALL, IN THE ABSENCE OF CONCLUSIVE PROOF TO THE CONTRARY,

- 2690 -