WILLIAM DONALD SCHAEFER, Governor                        Ch. 6

permanent disability. In cases of permanent total disability
under § 36(1) of this article, the dollar amount credited to the
fund for prior awards shall be deducted from any award made
against the fund. The deduction shall be made by reducing the
weekly payments made by the fund until the amount of the award
granted by the other commission is offset, as lump sum payments
are offset under Section 49 of this article. In the event of any
award against the Subsequent Injury Fund, there shall be a right
of appeal by the Subsequent Injury Fund, as provided in § 56(a)
of this article. In any case involving payment from the fund, the
Commission, or any party in interest, shall notify the State
Treasurer and/or the attorney or the attorneys for the fund, in
writing, that the fund is, or may be involved in such case, and
implead the fund, in writing, as a party. The fund may be
impleaded at any stage of the proceedings, either before the
Commission, or on appeal; but if impleaded on appeal from the
decision of the Commission or on further appeal to the Court of
Special Appeals, the Court shall suspend further proceedings and
remand the case to the Commission for further proceedings in
order to afford the fund an opportunity to defend the claim.

DRAFTER'S NOTE:

Error: Obsolete cross-reference in Article 101, §
66(5).

Occurred: Ch. 591, Acts of 1987.

74.

It shall be the duty of the commissioners of the State
Accident Fund to classify any industries subject to this article
mentioned or not mentioned which are insured in the State
Accident Fund. And the commissioners shall have power on or
before the first day of January of each year to reclassify such
industries, or [oftener] MORE OFTEN, if, in the opinion of the
commissioners, the same should be deemed just and advantageous;
or to create additional classifications with respect to their
respective degrees of hazard and determine the risk of the
different classes, and fix the rate of premium for each class,
according to the risks of the same sufficiently large to
guarantee a workmen's compensation fund from year to year. It
shall be the duty of the commissioners in determining the rates,
in order to create a fund sufficiently large to guarantee a
workmen's compensation fund from year to year to also reclassify
from time to time the industries or occupations, in order that
there may be a flexible adjustment of the rates as the hazard
fluctuates, and to use all means in their power through the rate
adjustment to lessen the opportunity for injuries to the workmen.
The classification so determined and the rates of premium
established shall be applicable for such year unless a
reclassification should, in the opinion of the commissioners,
necessitate a change of rate within such year; and based on each

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