Ch. 350

1997 LAWS OF MARYLAND

THE ACCIDENTAL PERSONAL INJURY TO BE COMBINED FOR PURPOSES OF
COMPUTING THE AVERAGE WEEKLY WAGE OF THE COVERED EMPLOYEE

9-630.

(a) (1) Except as provided in paragraph (2) of this subsection, if a covered
employee is given an award or a combination of awards resulting from 1 accidental
personal injury or occupational disease for 250 weeks or more under § 9-627 of this
subtitle:

(i) the Commission shall increase the award or awards by one-third
the number of weeks in the award or awards, computed to the nearest whole number; and

(ii) the employer or its insurer shall pay the covered employee weekly
compensation that equals two-thirds of the average weekly wage of the covered
employee, but does not exceed 75% of the State average weekly wage.

(2) An award for disfigurement or mutilation under § 9-627(i) of this
subtitle may not be used to make up the 250 weeks under paragraph (1) of this
subsection.

(b) (1) THIS SUBSECTION APPLIES TO THE PAYMENT OF WEEKLY
COMPENSATION REQUIRED UNDER SUBSECTION (A) OF THIS SECTION IF THE
AVERAGE WEEKLY WAGE OF A COVERED EMPLOYEE IS COMPUTED UNDER §
9-602(L) OF THIS SUBTITLE

(2) THE EMPLOYER IN WHOSE EMPLOYMENT THE ACCIDENTAL
PERSONAL INJURY OCCURRED OR THE EMPLOYER'S INSURER SHALL PAY THE
COVERED EMPLOYEE WEEKLY COMPENSATION THAT IS BASED ON THE WEEKLY
WAGES OF THE COVERED EMPLOYEE AT THE EMPLOYMENT IN WHICH THE
COVERED EMPLOYEE WAS INJURED.

(3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION, ANY
ADDITIONAL WEEKLY COMPENSATION RESULTING FROM COMPUTING THE
AVERAGE WEEKLY WAGE BASED ON WEEKLY WAGES EARNED BY THE COVERED
EMPLOYEE IN OTHER EMPLOYMENT SHALL BE PAYABLE IN THE FIRST INSTANCE BY
THE EMPLOYER IN WHOSE EMPLOYMENT THE EMPLOYEE WAS INJURED OR THE
EMPLOYER'S INSURER.

(4) SUBJECT TO ANY RIGHT OF THE SUBSEQUENT INJURY FUND TO BE
IMPLEADED OR ANY RIGHT OF THE SUBSEQUENT INJURY FUND TO DEFEND IN A
CASE INVOLVING PAYMENT FROM THE SUBSEQUENT INJURY FUND CREATED
UNDER TITLE 10. SUBTITLE 2 OF THIS ARTICLE, AS ALLOWABLE UNDER SUBTITLE 8
OF THIS TITLE, THE SUBSEQUENT INJURY FUND SHALL REIMBURSE THE EMPLOYER
IN WHOSE EMPLOYMENT THE EMPLOYEE WAS INJURED OR THE EMPLOYER'S
INSURER THE AMOUNT OF ADDITIONAL WEEKLY COMPENSATION PAID BY THE
EMPLOYER OR INSURER UNDER PARAGRAPH (3) OF THIS SUBSECTION.

(C) (1) Except as provided in paragraph (2) of this subsection. § 9-627 of this
subtitle applies to covered employees who are covered by this section.

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