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Session Laws, 1988
Volume 770, Page 2278   View pdf image
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Ch. 215

LAWS OF MARYLAND

(d) (1) For the purpose of establishing and maintaining
this Fund, the Commission shall impose an assessment of $150
against an uninsured employer as defined in § 102 of this article
when the Commission renders a decision on a claim for
compensation. The Commission shall direct payment of the
assessment into the Fund in connection with each such claim when
an injury occurred on or after the first day of January, 1968, or
in death cases, where death is the result of an injury occurring
on or after that date. The Commission shall also impose an
additional assessment of 15 percent of the awards made in each
such claim, such additional assessment not to exceed $1,500 in
any one claim, and shall direct that additional assessment also
be paid into the Fund.

(2)  The Commission may assess an insurer [$150] $300,
payable to the Fund, if the insurer failed to comply with the
Commission's requirements concerning certification of insurance
with the Commission and it finds that the Fund or the Commission
was required to investigate or to attend a hearing to ascertain
the existence of insurance. The Commission may assess the insurer
an additional $300 for each subsequent failure to comply with the
Commission's insurance certification requirements. Following an
insurer's fifth failure in a fiscal year to comply, the
Commission may notify the Insurance Commissioner and request that
the insurer show cause why the insurer should not be sanctioned
as specified in Article 48A, § 55A of the Code.

(3)  (I) An employer, or, if insured, the employer's
insurance carrier or the State Accident Fund, as the case may be,
shall pay to the Uninsured Employers' Fund an amount equal to 1
percent of all awards rendered against the employer for permanent
disability or death, including awards for disfigurement or
mutilation, and 1 percent of all amounts payable by the employer
(or his insurance carrier or the State Accident Fund) pursuant to
settlement agreements approved by the Commission.

(II)  EACH PAYMENT TO BE MADE UNDER THIS
PARAGRAPH SHALL BE ROUNDED OFF TO THE NEAREST WHOLE DOLLAR.

(III)  The payments shall be in addition to any
payment of compensation to employees or to their dependents
pursuant to the provisions of this article.

(4)  (i) When the amount of the Fund equals or exceeds
$1,000,000, further contribution may not be acquired from
employers, insurance carriers, or the State Accident Fund. The
Director thereupon shall so notify each self-insured employer,
each insurance carrier, and the State Accident Fund.

(ii) When the amount of the Fund is reduced
below $500,000 because of payments made pursuant to § 90 of this
article or otherwise, or when the Director determines that
payments likely to be made from the Fund in the next succeeding 3

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Session Laws, 1988
Volume 770, Page 2278   View pdf image
 Jump to  
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