WILLIAM DONALD SCHAEFER, Governor

the subcontractor, of the whole or any part of the work
undertaken by the principal contractor, the principal contractor
shall be liable to pay to any workman employed in the execution
of the work any compensation under this article which he would
have been liable to pay if that workman had been immediately
employed by him; and where compensation is claimed from or
proceedings are taken against the principal contractor, then, in
the application of this article, reference to the principal
contractor shall be substituted for reference to the employer,
except that the amount of compensation shall be calculated with
reference to the earnings of the workman under the employer by
whom he is immediately employed.

(C) Where the principal contractor is liable to pay

compensation under this section, he shall be entitled to

indemnity from any employer, who would have been liable to pay
compensation to the employee independently of this section, and
shall have a cause of action therefor against such employer.

(D) Nothing in this section shall be construed as

preventing a workman from recovering compensation under this
article from the subcontractor instead of from the contractor.

(E) Whenever an employee of a subcontractor files a claim

under this article against the principal contractor, the

principal contractor shall have the right to join the

subcontractor or any intermediate contractors as defendant or
codefendant in the case.

(8) (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPHS
(II) AND (III) OF THIS PARAGRAPH, ANY PERSON WHO:

(I) 1. IS AN OWNER OPERATOR OF A CLASS F
TRACTOR, AS DEFINED IN THE MARYLAND VEHICLE LAW, UNDER A WRITTEN
AGREEMENT WITH A MOTOR CARRIER FOR PERMANENT OR TRIP LEASING;

(II) 2. IS PAID RENTAL COMPENSATION UNDER THE
WRITTEN AGREEMENT, WHERE THERE EXISTS NO INTENT TO CREATE AN
EMPLOYER-EMPLOYEE RELATIONSHIP; AND

(III) 3. QUALIFIES AS AN INDEPENDENT CONTRACTOR
FOR FEDERAL TAX PURPOSES.

(II) FOR THE PURPOSES OF THIS SUBTITLE, THE
MOTOR CARRIER UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE
DEEMED A PRINCIPAL CONTRACTOR AND THE OWNER OPERATOR SHALL BE
DEEMED A SUBCONTRACTOR AND SUBJECT TO SECTION 61 OF THIS ARTICLE.

(III) AN OWNER OPERATOR OF A MOTOR VEHICLE WHO
ENTERS INTO A WRITTEN CONTRACT AS SPECIFIED IN SUBPARAGRAPH (I)
OF THIS PARAGRAPH SHALL FURNISH PROOF OF INSURANCE FOR ANY

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