PARRIS N. GLENDENING, Governor                             Ch. 591

a certain appeal mechanism for use of certain health care providers; providing that an
insurer is not required to underwrite a certain program; requiring the Commission
and certain parties to provide a certain report to certain committees of the General
Assembly; providing for the termination of this Act; and generally relating to
collective bargaining agreements with respect to workers' compensation.

BY repealing and reenacting, with amendments,
Article - Labor and Employment
Section 9-104

Annotated Code of Maryland
(1991 Volume and 1996 Supplement)

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

Article - Labor and Employment

9-104.

(a)     (1) Except as otherwise provided in this title, a covered employee or an
employer of a covered employee may not by agreement, rule, or regulation:

(i) exempt the covered employee or the employer from a duty of the
covered employee or the employer under this title; or

(ii) waive a right of the covered employee or the employer under this

title.

(2) An agreement, rule, or regulation that violates paragraph (1) of this
subsection is void to the extent of the violation.

(b)     (1) If federal law provides an exclusive remedy and compensation to an
employee of a common carrier by railroad in this State or a dependent of the employee
for disability or death caused by an accidental personal injury sustained in interstate or
foreign commerce, the carrier and the employee may enter into an agreement that
provides:

(i) for the payment by the carrier of compensation, in accordance with
the federal law, to the employee or a dependent of the employee for disability or death
caused by an accidental personal injury sustained in intrastate commerce; and

(ii) except as otherwise provided in the agreement, that the carrier
may not be civilly liable for the disability or death of the employee caused by the
accidental personal injury.

(2) To enter into an agreement with any employees of a common carrier by
railroad under paragraph (1) of this subsection, the carrier shall:

(i) submit, under seal, to the Commission a document that:

1. offers to enter into an agreement with each of its employees
in the State under paragraph (1) of this subsection; and

- 3259 -