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Session Laws, 1987
Volume 769, Page 2697   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 591

compensation payable under this subsection and [subsections (3)
and (5)] SUBSECTION (4), unpaid at the date of his death, shall
survive to his surviving dependents as the Commission may
determine, if there be such surviving dependents, and if there be
none such, then to his wife and children under eighteen years of
age if there was, at the time of his death, a legal obligation on
the part of said employee to support his wife, and if there was
no such obligation, then to his children under eighteen if any,
alone. This paragraph does not apply to the provisions of § 66
of this article.

[(4a) A person who, from one accident, receives an award of
compensation for a period of two hundred and fifty (250) weeks or
more under subsection (3) or (4) of this section or a combination
both, is thereby considered to have a serious disability; except
any award for disfigurement or mutilation under subsection (3)(f)
of this section shall not be considered a determination of
serious disability. The weeks for such award shall be increased
by one third (computed to the nearest whole number); and the
compensation shall be for sixty-six and two-thirds per centum of
the average weekly wages, in no case to exceed sixty-six and
two-thirds per centum of the State average weekly wage of the
State of Maryland 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
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 full wages. This subsection, to the extent of any
inconsistency, prevails over subsections (3) and (4) of this
section; but otherwise subsections (3) and (4) of this section
apply to persons covered by this subsection. Provided, however,
that any additional compensation for permanent partial disability
on a petition to reopen shall not increase the amount of
compensation previously awarded and actually paid.]

[(10) (a) Any employee who is permanently and totally
disabled as the result of any injury suffered prior to July 1,
1973, and July 1, 1965, and who is receiving benefits as a result
of the injury on July 1, 1973, for permanent and total disability
shall be entitled to a supplemental allowance of compensation as
calculated under paragraph (b) provided that the supplemental
allowance received when added to the present compensation
received shall not exceed the maximum weekly benefit provided in
§ 36(2) of this article, subject to change from time to time.
The State Accident Fund, insurance carrier or self-insured
employer shall pay the supplemental allowance, and shall notify
the Commission upon its decision to pay a supplemental allowance
under this section. The supplemental allowance shall continue
only for the number of weeks that the employee is entitled to
receive benefits under his original award.

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Session Laws, 1987
Volume 769, Page 2697   View pdf image
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