Ch. 319                                    2003 LAWS OF MARYLAND

(i) the child is wholly dependent on the deceased covered employee;
and

(ii) incapable of self-support because of mental or physical
disability or other sufficient reason as determined by the Commission.

(3) The employer or its insurer shall continue to make payments to, or
for the benefit of, a child who is 18 years old or older for up to 5 years after reaching
the age of 18 if:

(i) the child is attending school on a full-time basis; and

(ii) the school offers an educational program or a vocational
training program, that is accredited or approved by the State Department of
Education.

(j) The Commission has continuing jurisdiction to:

(1)     determine whether a surviving spouse or child has become wholly or
partly self-supporting;

(2)     suspend or terminate payments of compensation; and

(3)     reinstate payments of compensation that have been suspended or
terminated.

9-682.

(a)     If there are no individuals who were totally dependent on the deceased
covered employee at the time of death, but there are individuals who were partly
dependent, the employer or its insurer shall pay death benefit in accordance with this
section.

(A) THE EMPLOYER OR ITS INSURER SHALL PAY A DEATH BENEFIT IN
ACCORDANCE WITH THIS SECTION IF:

(1)      THERE ARE NO INDIVIDUALS WHO WERE WHOLLY DEPENDENT ON
THE DECEASED COVERED EMPLOYEE AT THE TIME OF DEATH, BUT THERE ARE
INDIVIDUALS WHO WERE PARTLY DEPENDENT; OR

(2)      A SURVIVING SPOUSE WHO WAS WHOLLY DEPENDENT ON THE
DECEASED COVERED EMPLOYEE AT THE TIME OF DEATH BECOMES PARTLY
SELF-SUPPORTING.

(b)     (1) The maximum weekly death benefit payable under this section shall
equal two-thirds of the average weekly wage of the deceased covered employee, but
may not exceed two-thirds of the State average weekly wage.

(2) The weekly death benefit payable under this section shall be the
percentage of the maximum weekly death benefit under paragraph (1) of this
subsection that:

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