WILLIAM DONALD SCHAEFER, Governor                           Ch. 10

7-604. PERIODIC EXAMINATION.

THE APPOINTING AUTHORITY MAY REQUIRE AN EMPLOYEE ON
WORK-RELATED ACCIDENT LEAVE TO BE EXAMINED PERIODICALLY BY A
PHYSICIAN SELECTED BY THE APPOINTING AUTHORITY TO DETERMINE THE
EMPLOYEE'S PROGRESS AND THE LENGTH OF TIME NECESSARY FOR THE
EMPLOYEE'S RECOVERY.

REVISOR'S NOTE: This section is new language derived without substantive
change from the second sentence of former Art. 64A, § 37(g)(2).

It is revised to clarify that the "appointing authority" is the individual
authorized to require the employee to be examined by a physician "selected by
the appointing authority". This revision conforms to long-standing
Departmental understanding and administrative practice and to COMAR
06.01.11.09D(2).

Defined term: "Appointing authority" § 1-101

7-605. SICK PAY.

(A)     AS SEPARATE BENEFIT.

PAYMENT FOR WORK-RELATED ACCIDENT LEAVE TAKEN UNDER THIS
SUBTITLE CONSTITUTES A SEPARATE BENEFIT ON ACCOUNT OF ACCIDENTAL
DISABILITY AND IS NOT A CONTINUATION OF SALARY.

(B)     EFFECT OF RECEIVING SICK PAY.

AN EMPLOYEE MAY NOT RECEIVE TEMPORARY TOTAL DISABILITY BENEFITS
UNDER THE MARYLAND WORKERS' COMPENSATION ACT WHILE THE EMPLOYEE IS
RECEIVING PAYMENT UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 37(g)(3) and, as it related to leave under this
subtitle, § 37(h).

7-606. SUBROGATION.

(A)     STATE AS SUBROGEE.

IF SOMEONE OTHER THAN THE EMPLOYEE OR THIS STATE CAUSES AN INJURY
FOR WHICH WORK-RELATED ACCIDENT LEAVE IS TAKEN UNDER THIS SUBTITLE,
THIS STATE, AS EMPLOYER, AFTER GIVING WRITTEN NOTICE TO THE EMPLOYEE, IS
SUBROGATED TO THE RIGHTS OF THE EMPLOYEE TO THE EXTENT OF ANY
COMPENSATION PAID OR OWED UNDER THIS SUBTITLE.

(B)     STATE MAY BRING ACTION.

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