Ch. 591 LAWS OF MARYLAND
(b) The employees eligible under paragraph (a) of
this subsection shall be entitled to a weekly supplemental
allowance equal to the product of the following two numbers:
(1) The difference between the maximum fixed
weekly benefit provided in § 36(2) of this article, as it may
change from time to time, and the maximum fixed weekly benefit
applicable at the time the award was made; and
(2) The quotient of the actual weekly benefit
at the time the award was made and the maximum fixed weekly
benefit applicable at the time the award was made.]
SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 36(5)
through (12), respectively, of Article 101 - Workmen's
Compensation of the Annotated Code of Maryland be renumbered to
be Section(s) 36(4) through (11) (10), respectively.
SECTION 4. AND BE IT FURTHER ENACTED, That Section(s) 39(d)
of Article 101 - Workmen's Compensation of the Annotated Code of
Maryland be renumbered to be Section(s) 39(e).
SECTION 5 4. AND BE IT FURTHER ENACTED, That the Laws
of Maryland read as follows:
Article 101 - Workmen's Compensation
36.
(2) (IV) WITHIN 21 DAYS AFTER A CLAIM FOR
COMPENSATION FOR INJURIES UNDER THIS ARTICLE HAS BEEN FILED WITH
THE COMMISSION, THE EMPLOYER OR INSURER SHALL EITHER COMMENCE
PAYMENT OF TEMPORARY TOTAL DISABILITY BENEFITS OR SHALL FILE
ISSUES CONTESTING THE COMPENSABILITY OF THE CLAIM. SUBJECT TO
THE PROVISIONS OF § 40(A) OF THIS ARTICLE, AN EMPLOYER'S OR AN
INSURER'S PAYMENT BEFORE AN AWARD MAY NOT BE CONSIDERED A WAIVER
OF RIGHTS TO CONTEST THE CLAIM AT A LATER DATE. IF THE
COMMISSION FINDS THAT THE EMPLOYER OR INSURER HAS WITHOUT GOOD
CAUSE NEITHER COMMENCED PAYMENT OF TEMPORARY TOTAL DISABILITY
BENEFITS NOR FILED ISSUES CONTESTING THE COMPENSABILITY OF THE
CLAIM WITHIN 21 DAYS AFTER A CLAIM HAS BEEN FILED, THE COMMISSION
MAY ASSESS AGAINST THE EMPLOYER OR INSURER A FINE NOT TO EXCEED
20 PERCENT OF THE AMOUNT OF THE PAYMENT. IF THE COMMISSION FINDS
THAT THE EMPLOYER OR INSURER HAS WITHOUT GOOD CAUSE NEITHER
COMMENCED PAYMENT OF TEMPORARY TOTAL DISABILITY BENEFITS NOR
FILED ISSUES CONTESTING THE COMPENSABILITY OF THE CLAIM WITHIN 30
DAYS AFTER A CLAIM HAS BEEN FILED, THE COMMISSION MAY ASSESS
AGAINST THE EMPLOYER OR INSURER A FINE NOT TO EXCEED 40 PERCENT
OF THE AMOUNT OF THE PAYMENT. THE COMMISSION SHALL CAUSE THE
EMPLOYER OR INSURER TO REMIT THE FINE TO THE EMPLOYEE.
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