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Session Laws, 1987
Volume 769, Page 2696   View pdf image
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Ch. 591

LAWS OF MARYLAND

[(f)] (H) For other mutilations and disfigurations
not hereinbefore provided for, compensation shall be allowed in
the discretion of the Commission, for not more than 156 weeks, as
the Commission may fix, in each case having due regard to the
character of the mutilation and disfigurement as compared with
mutilation and injury hereinbefore specifically provided for.

(I) IN ALL CASES OF DISABILITY LESS THAN 75 WEEKS
SPECIFICALLY ENUMERATED IN PARAGRAPHS (C) THROUGH (H), INCLUSIVE,
PARAGRAPH (C) OF THIS SECTION, THE COMMISSION MAY DETERMINE THAT
THE INJURY RESULTS IN AN INDUSTRIAL LOSS BY TAKING INTO
CONSIDERATION, AMONG OTHER THINGS, THE NATURE OF THE PHYSICAL
INJURY AND THE OCCUPATION, EXPERIENCE, TRAINING, AND AGE OF THE
EMPLOYEE AT THE TIME OF INJURY. AFTER MAKING SUCH A
DETERMINATION, THE COMMISSION MAY AWARD TO THE EMPLOYEE
ADDITIONAL WEEKS NOT TO EXCEED A TOTAL DISABILITY OF 75 WEEKS.

[(4) (a)] (J) In all other cases of disability other than
those specifically enumerated disabilities set forth in
[subsection (3)] PARAGRAPHS (C) THROUGH (I), INCLUSIVE, of this
section, which disability is partial in character, but permanent
in quality, the Commission shall determine the portion or
percentage by which the industrial use of the employee's body was
impaired as a result of the injury and in determining such
portion or percentage of impairment resulting in industrial loss,
the Commission shall take into consideration, among other things,
the nature of the physical injury, the occupation, experience,
training and age of the injured employee at the time of injury,
and shall award compensation in such proportion as the determined
loss bears to 500 weeks AND COMPENSATION SHALL BE PAID TO THE
EMPLOYEE AT THE RATES ENUMERATED FOR THE PERIODS AS PROVIDED IN
SUBSECTION (3)(A)(I) THROUGH (III), INCLUSIVE, OF THIS SECTION[,
the said compensation to be paid weekly at the rate of sixty-six
and two-thirds per centum of the average weekly wages, in no case
to exceed thirty-three and one-third per centum of the State
average weekly wage as determined by the 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 15th of
each year]. In no case shall the employee receive less than a
minimum of fifty dollars per week unless the employee's
established weekly wages are less than fifty dollars per week at
the time of injury in which event he shall receive compensation
equal to his weekly wages.

[(b)] (K) The compensation for the foregoing specific
injuries, payable under this subsection [and subsection (3)],
shall be paid in addition to, and consecutively with, the
compensation hereinbefore provided in subsection (2) of this
section.

[(c)](L) If any employee dies from any cause or
causes not compensable under this article, the right to any

                                                        - 2696 -

 

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Session Laws, 1987
Volume 769, Page 2696   View pdf image
 Jump to  
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