PARRIS N. GLENDENING, Governor

Ch. 623

provisions of this Act shall not exceed [$25,000] $10,000 for any disability-related OR
DEPENDENCY-RELATED claim, and [$45,000 for any medical claim. The] THE
maximum amount awarded under all of the provisions of this Act shall not exceed
[$45,000] $25,000, including any subsequent and supplemental awards.

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

(4)     THE BOARD MAY NEGOTIATE A SETTLEMENT WITH A HEALTH CARE
PROVIDER FOR THE MEDICAL AND MEDICALLY RELATED EXPENSES OF A
CLAIMANT. AS A CONDITION OF THE SETTLEMENT, THE HEALTH CARE PROVIDER
SHALL INDICATE IN WRITING THAT SUCH PAYMENT FULLY SATISFIES THE DEBT
RELATED TO THE VICTIM'S CRIMINAL INJURIES.

(b)     (1) [Any EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, ANY award made pursuant to this article 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) AWARDS FOR DISABILITY OR DEPENDENCY MADE PURSUANT TO
THIS ARTICLE MAY BE UP TO TWO-THIRDS OF THE VICTIM'S GROSS AVERAGE
WAGE, BUT MAY NOT BE LESS THAN THE AMOUNT PROVIDED IN PARAGRAPH (1) OF
THIS SUBSECTION.

(2) (3) 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) 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 shall be reduced by the amount of
any payments received or to be received as a result of the injury (1) from or on behalf of
the person who committed the crime, (2) from any other public or private source,
including an award of the State Workers' Compensation Commission under the Maryland
Workers' Compensation Act, or (3) as an emergency award pursuant to § 11 of this
article.

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