PARRIS N. GLENDENING, Governor

Ch. 11

(2)      SUBJECT TO THE LIMIT SPECIFIED IN ITEM (1) OF THIS SUBSECTION,
$40,000 ON ACCOUNT OF INJURY TO OR DEATH OF MORE THAN ONE INDIVIDUAL;
AND

(3)      $10,000 FOR DAMAGES TO PROPERTY.

(B)      MANDATORY DEDUCTIONS.

(1)      THE FOLLOWING DEDUCTIONS SHALL BE MADE FROM THE
SMALLER OF THE APPLICABLE MAXIMUM AMOUNT UNDER SUBSECTION (A) OF THIS
SECTION AND THE AMOUNT OF THE JUDGMENT:

(I)       $250 FROM A JUDGMENT OR PART OF A JUDGMENT FOR
DAMAGES TO PROPERTY; AND

(II)     THE TOTAL AMOUNT THAT THE CLAIMANT HAS RECEIVED OR
IS LIKELY TO RECEIVE:

1.        FROM ANY SOURCE TOWARD PAYMENT OF THE
SETTLEMENT OR JUDGMENT;

2.        TOWARD PAYMENT OF A JUDGMENT AGAINST A PERSON
AGAINST WHOM THE CLAIMANT HAS A CAUSE OF ACTION, ARISING OUT OF THE
SAME ACCIDENT, FOR DAMAGES FOR BODILY INJURY OR DEATH OR DAMAGE TO
PROPERTY;

3.        UNDER A POLICY AFFORDING INDEMNITY FOR DAMAGE
TO OR DESTRUCTION OF PROPERTY OF THE APPLICANT; AND

4.        BY REASON OF THE ACCIDENT OUT OF WHICH THE CLAIM
ARISES UNDER ANY WORKERS' COMPENSATION LAW.

(2)      FOR THE PURPOSES OF THIS SUBTITLE, MEDICAL, HOSPITAL,
FUNERAL, OR OTHER BENEFITS PAID OR PAYABLE FOR THE APPLICANT UNDER THE
MARYLAND WORKERS' COMPENSATION ACT SHALL BE CONSIDERED TO BE
RECEIVED OR RECEIVABLE BY THE CLAIMANT.

(C)     RECOVERY OF EXCESS PAYMENTS.

THE FUND MAY RECOVER ANY AMOUNT PAID OUT OF THE FUND THAT
EXCEEDS THE AMOUNT AUTHORIZED UNDER THIS SUBTITLE BY BRINGING AN
ACTION AGAINST THE PERSON THAT RECEIVED THE EXCESS PAYMENT.

(D)     EFFECT OF REDUCED PAYMENTS.

(1) NOTWITHSTANDING ANY WORKERS' COMPENSATION LAW OR
SIMILAR LAW TO THE CONTRARY, WHENEVER THE AMOUNT OF A PAYMENT BY THE
FUND HAS BEEN REDUCED BY THE AMOUNT OF BENEFITS PAID OR TO BE PAID IN
ACCORDANCE WITH A WORKERS' COMPENSATION LAW OR SIMILAR LAW, THE
EMPLOYER OF AN INJURED PERSON OR DECEDENT AND THE INSURER OF THAT
EMPLOYER IS NOT ENTITLED TO A LIEN ON PAYMENT FROM THE FUND.

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