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Session Laws, 1996
Volume 794, Page 3366   View pdf image
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Ch. 585

1996 LAWS OF MARYLAND

to have been justified. The Board, upon finding that any claimant or award recipient has
not fully cooperated with all law enforcement agencies, may deny or withdraw any award,
as the case may be.

[(2)] (3) (I) An award may not be made unless funds are appropriated
and available for the full amount of the award.

(II) If a multiyear award is made, the total amount of the award shall
be obligated and held for [ such] ANY period of time as is necessary to complete payment
in accordance with the provisions of the award.

(III) If payment of the award is terminated for any reason subsequent to
June 30 of the fiscal year in which the award was made, the remainder of the award shall
revert to the Criminal Injuries Compensation Fund established under [§ 17A of this
article] § 831 OF THIS SUBHEADING.

(IV) Any compensation awarded under the provisions of this Act shall
not exceed $25,000 for any disability-related claim and $45,000 for any medical claim.
The maximum amount awarded under all of the provisions of this Act shall not exceed
$45,000, including any subsequent and supplemental awards.

[(3)] (4) Any compensation awarded under the provisions of this [article]
SUBHEADING for the purposes of psychiatric, psychological, or mental health counseling
[shall] MAY not exceed $2,000 for each claimant.

(b)     (1) Any award made [pursuant to this article] UNDER THIS SUBHEADING
shall be made in accordance with the schedule of benefits, as it existed on January 1,
1989, and degree of disability, as specified in Title 9, Subtitle 6 of the Labor and
Employment Article and any other applicable provisions of the Labor and Employment
Article, except for Title 9, Subtitle 8 of the Labor and Employment Article. However, the
term "average weekly wages", as applied to determine the award in accordance with Title
9, Subtitle 6 of the Labor and Employment Article, does not include tips, gratuities and
wages that are undeclared on the claimant's State or federal income tax returns in the
applicable years. If a claimant does not have "average weekly wages" so as to qualify
under the formula in Title 9, Subtitle 6 of the Labor and Employment Article, the award
shall be in an amount equal to the arithmetic average between the maximum and
minimum awards listed in the applicable portion of that subtitle.

(2) Any person who is entitled to an award due to the death of a victim as
the direct result of a crime or who has psychological injury may be eligible, under the
rules established by the Board, to receive psychiatric, psychological, or mental health
counseling, within the specific limitations of [subsection (a)(3)] SUBSECTION (A)(4) of
this section.

(c)     If there are two or more persons entitled to an award as a result of the death
of a person which is the direct result of a crime, the award shall be apportioned among
the claimants.

(d)     Any award made [pursuant to this article] UNDER THIS SUBHEADING shall
be reduced by the amount of any payments received or to be received as a result of the
injury:

- 3366 -

 

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Session Laws, 1996
Volume 794, Page 3366   View pdf image
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