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Session Laws, 1997
Volume 795, Page 2457   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 350

(2) IF, AT THE TIME OF AN ACCIDENTAL PERSONAL INJURY OR LAST
INJURIOUS EXPOSURE, A COVERED EMPLOYEE WAS EMPLOYED BY ANOTHER
EMPLOYER IN ADDITION TO THE EMPLOYER IN WHOSE EMPLOYMENT
THE
ACCIDENTAL PERSONAL INJURY OR LAST INJURIOUS EXPOSURE OCCURRED, THE
AVERAGE WEEKLY WAGE OF THE COVERED EMPLOYEE SHALL BE BASED ON THE
WAGES
EARNED IN THE OTHER EMPLOYMENT IF:

(I) THE COVERED EMPLOYEE WORKED, ON AVERAGE, 20 HOURS
PER WEEK OR LESS IN THE EMPLOYMENT IN WHICH THE ACCIDENTAL PERSONAL
INJURY OR LAST INJURIOUS EXPOSURE OCCURRED;

(II) THE COVERED EMPLOYEE EARNED WAGES FROM THE OTHER
EMPLOYMENT THAT EXCEEDED THE WAGES EARNED FROM THE EMPLOYMENT IN
WHICH THE ACCIDENTAL PERSONAL INJURY OR LAST INJURIOUS EXPOSURE
OCCURRED; AND

(III) AS A RESULT OF THE ACCIDENTAL PERSONAL INJURY OR
OCCUPATIONAL DISEASE, THE COVERED EMPLOYEE IS UNABLE TO WORK AT
ANY
EMPLOYMENT THE COVERED EMPLOYEE HELD AT THE TIME OF THE ACCIDENTAL
PERSONAL INJURY OR
LAST INJURIOUS EXPOSURE OR ANY SIMILAR EMPLOYMENT.

(2) (I) IF THE COVERED EMPLOYEE EARNED WEEKLY WAGES FROM
ANOTHER EMPLOYMENT THAT EXCEEDED THE WEEKLY WAGES THE COVERED
EMPLOYEE EARNED FROM THE EMPLOYMENT IN WHICH THE ACCIDENTAL
PERSONAL INJURY OCCURRED. THE AVERAGE WEEKLY WAGE OF THE COVERED
EMPLOYEE SHALL BE BASED ON THE WEEKLY WAGES THE COVERED EMPLOYEE
EARNED IN THE OTHER EMPLOYMENT.

(II) IF THE COVERED EMPLOYEE EARNED WEEKLY WAGES FROM
TWO OR MORE OTHER EMPLOYMENTS AND. FOR MORE THAN ONE OF SUCH
EMPLOYMENTS, THE WEEKLY WAGES EARNED BY THE EMPLOYEE EXCEEDED THE
WEEKLY WAGES OF THE COVERED EMPLOYEE FROM THE EMPLOYMENT IN WHICH
THE ACCIDENTAL PERSONAL INJURY OCCURRED, THE AVERAGE WEEKLY WAGE OF
THE COVERED EMPLOYEE SHALL BE BASED ON WEEKLY WAGES OF THE
EMPLOYMENT WHERE THE EMPLOYEE EARNED THE HIGHEST WAGES.

(3) THIS SUBSECTION MAY NOT BE INTERPRETED AS:

(I) EXCEPT AS PROVIDED IN §§ 9-630 AND 9-637 OF THIS SUBTITLE,
RELIEVING FROM LIABILITY TO PAY COMPENSATION THE EMPLOYER IN WHOSE
EMPLOYMENT THE ACCIDENTAL PERSONAL INJURY OR LAST INJURIOUS EXPOSURE
OCCURRED;

(II) CREATING ANY LIABILITY TO PAY COMPENSATION ON THE
PART OF THE OTHER ANOTHER EMPLOYER IN WHOSE EMPLOYMENT THE
ACCIDENTAL PERSONAL INJURY OR LAST INJURIOUS EXPOSURE DID NOT OCCUR;
OR

(III) REQUIRING THE WEEKLY WAGES FROM THE TWO
EMPLOYMENTS EMPLOYMENTS THE EMPLOYEE WAS ENGAGED IN AT THE TIME OF

- 2457 -

 

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Session Laws, 1997
Volume 795, Page 2457   View pdf image
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