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Session Laws, 2003
Volume 799, Page 619   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

(II)     A NATURAL DISASTER;

(III)   A LABOR DISORDER; OR

(IV)    ANY OTHER ACTIVITY REQUIRING SUPPORT OF THE STATE
MILITIA.

(2)      THE ADJUTANT GENERAL SHALL SECURE COMPENSATION UNDER
THE MARYLAND WORKERS' COMPENSATION ACT FOR EACH OFFICER AND ENLISTED
INDIVIDUAL OF THE ORGANIZED MILITIA BY MAINTAINING AN INSURANCE POLICY
WITH THE INJURED WORKERS' INSURANCE FUND OR WITH A STOCK CORPORATION
OR MUTUAL ASSOCIATION AUTHORIZED TO TRANSACT THE BUSINESS OF WORKERS'
COMPENSATION INSURANCE IN THE STATE.

(3)      (I) AN OFFICER, ENLISTED INDIVIDUAL, OR EMPLOYEE OF THE
DEPARTMENT IS NOT ENTITLED TO THE BENEFITS OF THIS SECTION IF THE
OFFICER, ENLISTED INDIVIDUAL, OR EMPLOYEE IS INJURED IN THE COURSE OF
EMPLOYMENT AND HAS INSURANCE COVERAGE THROUGH THE FEDERAL
GOVERNMENT THAT IS EQUAL TO OR BETTER THAN THE COVERAGE PROVIDED BY
THIS TITLE.

(II) IF A BENEFIT PROVIDED BY THE FEDERAL GOVERNMENT IS
LESS THAN THAT PROVIDED BY THE MARYLAND WORKERS' COMPENSATION ACT, THE
STATE AND ITS INSURER SHALL FURNISH THE ADDITIONAL BENEFIT NECESSARY TO
MAKE UP THE DIFFERENCE BETWEEN THE BENEFIT PROVIDED BY THE FEDERAL
GOVERNMENT AND THE SIMILAR BENEFIT REQUIRED UNDER THE MARYLAND
WORKERS' COMPENSATION ACT.

(4)      THE INSURANCE PROVIDED UNDER THIS SUBSECTION SHALL ONLY
COVER INCIDENTS THAT OCCUR AFTER JULY 1, 1979.

(B)     MARYLAND DEFENSE FORCE.

IN ADDITION TO THE BENEFITS UNDER SUBSECTION (A) OF THIS SECTION, THE
ADJUTANT GENERAL SHALL MAINTAIN WORKERS' COMPENSATION INSURANCE FOR
MEMBERS OF THE MARYLAND DEFENSE FORCE DURING TRAINING.

(C)     PREMIUMS.

THE ADJUTANT GENERAL SHALL PAY THE PREMIUMS FOR THE INSURANCE
POLICY REQUIRED UNDER THIS SECTION FROM APPROPRIATIONS FOR THE MILITIA
THAT THE GOVERNOR INCLUDES IN THE STATE BUDGET.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 65, § 16.

In subsection (a)(2) of this section, the reference to the "Maryland"
Workers' Compensation Act is added for accuracy. See LE § 9-1201.

Also in subsection (a)(2) of this section, the former reference to the
organized militia "of the State of Maryland" is deleted as surplusage.

In subsection (a)(2) and (3) of this section, the references to an enlisted

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Session Laws, 2003
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