PARRIS N. GLENDENING, Governor

Ch. 388

Annotated Code of Maryland

(1993 Replacement Volume and 1996 Supplement)

BY repealing and reenacting, with amendments,

Chapter 296 of the Acts of the General Assembly of 1994
Section 3

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Labor and Employment

9-221.

(a) A prisoner is a covered employee while the prisoner is:

(1) working for a board of county commissioners, a county council, or a
county roads board if:

(i) the county pays the prisoner a wage or stipulated sum; and

(ii) the prisoner sustains permanent partial or permanent total
disability or dies, as a result of an accidental personal injury; or

(2) engaged in work while under the supervision of State Use Industries in
the Federal Prison Industry Enhancement Program as provided in Article 41, § 4-701 of
the Code.

(b) In Allegany, Anne Arundel, Charles, Montgomery, Washington, and
Wicomico Counties, payment of a stipend or other money into an account that a
correctional institution administers for a prisoner does not constitute payment of a wage
or stipulated sum under subsection (a)(1)(i) of this section.

Article 41 - Governor - Executive and Administrative Departments

4-701.

(a) A "Sundry Claims Board" is created for the purpose of administering benefits,
except as provided in subsection (i)(2) of this section, whenever a prisoner in the
Patuxent Institution, the Baltimore City Detention Center, or any institution under the
supervision of the Division of Correction (1) is engaged in any work for which wages or a
stipulated sum are paid by said institution, and (2) sustains a permanent partial or
permanent total disability as a result of a personal injury arising out of and in the course
of work for which wages or a stipulated sum are payable by one or more of the
institutions, and (3) this disability incapacitates the prisoner or materially reduces his
earning power in such work. For the purpose of this subtitle, the terms "permanent
partial disability" and "permanent total disability" have the meanings which currently are
given to them in Title 9 of the Labor and Employment Article. The Sundry Claims Board
shall be part of the Department of Public Safety and Correctional Services.

(i) (1) Except as provided in paragraph (2) of this subsection, the compensation
provided under this subtitle is the exclusive remedy against the State for claims falling
within the jurisdiction of the Board.

- 2601 -