VETOES

EMPLOYEE OF THE OWNER OPERATOR AS MAY BE REQUIRED BY THIS
ARTICLE.-----------------------------------------------------------

62.

(A) When any person as a principal contractor, undertakes
to execute any work which is a part of his trade, business or
occupation which he has contracted to perform and contracts with
any other person as subcontractor, for the execution by or under
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.

(B) 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.

(C) 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.

(D) 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

May 25, 1989

The Honorable R. Clayton Mitchell, Jr.
Speaker of the House of Delegates
State House
Annapolis, Maryland 21401

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