PARRIS N. GLENDENING, Governor Ch. 350

(2) To the extent of any inconsistency, this section prevails over § 9-627 of
this subtitle.

[(c)](D) If a covered employee receives additional compensation for a disability
on a petition to reopen for serious disability, the additional compensation may not
increase the amount of compensation previously awarded and paid.

9-637.

(a) (1) Except as provided in paragraph (2) of this subsection, if a covered
employee has a permanent total disability resulting from an accidental personal injury or
an occupational disease, the employer or its insurer shall pay the covered employee
compensation that equals two-thirds of the average weekly wage of the covered
employee, but may not:

(i) exceed the State average weekly wage; or

(ii) be less than $25.

(2) If the average weekly wage of the covered employee is less than $25 at
the time of the accidental personal injury or last injurious exposure to the hazards of the
occupational disease, the employer or its insurer shall pay the covered employee weekly
compensation that equals the average weekly wage of the covered employee.

(3) Payments under paragraph (1) or (2) of this subsection may not exceed
a total of $45,000.

(b) Notwithstanding the $45,000 limitation in subsection (a)(3) of this section, the
employer or its insurer shall pay the benefit for the period that the covered employee is
permanently totally disabled.

(C) (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

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