Ch. 5                                           LAWS OF MARYLAND

payment shall be in lieu of any and all rights of action
whatsoever against any person whomsoever.

(1) (a) In case of total disability, adjudged to be
permanent sixty-six and two-thirds per centum of the average
weekly wages shall be paid to the employee by the employer or
insurer during the continuance of such total disability, not to
exceed a maximum of one hundred per centum of the average weekly
wage of the State of Maryland as determined by the Department of
Economic and Employment Development, as provided in [§ 36(2) of
this article] SUBSECTION (2) OF THIS SECTION and not less than a
minimum of twenty-five dollars per week, unless the employee's
established weekly wages are less than twenty-five dollars per
week at the time of injury, in which event he shall receive
compensation in an amount equal to his average weekly wages but
not to exceed a total of $45,000.00; provided, however, that if
the employee's total disability shall continue after a total of
$45,000.00 has been paid, then further weekly payments at the
rate previously paid shall be paid to him during such disability.
Compensation under this subsection shall be subject to an annual
cost of living adjustment. The adjustment in compensation for
the fiscal year in which compensation is payable shall be the
initial annual rate of compensation multiplied by the percentage
change in the Consumer Price Index, but the annual rate of change
applied as an adjustment may not exceed five per centum. This
adjustment shall be applied to the compensation, as adjusted,
paid during the prior year. The rate of change in the Consumer
Price Index shall be determined by the Department of Economic and
Employment Development and reported to the Commission by June 30
each year for the preceding calendar year. By July 31 of each
year, the Commission shall publish the amount of the cost of
living adjustment which shall become effective January 1 of the
following year. If an employee entitled to compensation under
this subsection also receives federal social security disability
insurance benefits, the adjusted annual compensation paid shall
be reduced to the extent necessary to avoid a diminution of
federal social security disability benefits. When federal social
security disability insurance benefits law no longer imposes a
diminution in the payment of the adjustment in compensation
payable, payments shall be made to the full extent permitted in
this subsection. As used in this subsection, "Consumer Price
Index" means the lower of the average of the consumer price
indices (all urban consumers, all item index) published by the
United States Department of Labor for the Baltimore MSA and for
the Washington, D.C. MSA or the U.S. city average consumer price
index (all urban consumers, all item index).

(4) (a) In all claims for compensation for hernia,
compensation may be allowed only upon definite proof to the
satisfaction of the Commission.

First. That there was an accidental injury
causing hernia, arising out of and in the course of the

- 1004 -