Ch. 591

LAWS OF MARYLAND

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 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;

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]
PARAGRAPH (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.

(III) TEMPORARY TOTAL DISABILITY BENEFITS REOPENED
UNDER SUBSECTION (C) OF § 40 OF THIS ARTICLE SHALL BE PAID AT A
RATE OF SIXTY-SIX AND TWO-THIRDS PER CENTUM OF THE AVERAGE WEEKLY
WAGES DURING THE CONTINUANCE THEREOF, NOT TO EXCEED A MAXIMUM OF
ONE HUNDRED PER CENTUM OF THE AVERAGE WEEKLY WAGE OF THE STATE OF
MARYLAND DURING THE YEAR OF TREATMENT. IN SUCH CASES, ON THE
DATE OF THE REOPENING, EXCEPT THAT COMPENSATION PAID UNDER THE
PROVISIONS OF THIS PARAGRAPH (III) SHALL NEITHER EXCEED ONE
HUNDRED FIFTY PER CENTUM NOR BE LESS THAN ONE HUNDRED PER CENTUM
OF THE INITIAL AWARD FOR TEMPORARY TOTAL DISABILITY. THE

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