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Session Laws, 2004
Volume 801, Page 71   View pdf image
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ROBERT L. EHRLICH, JR., Governor                              Ch. 16

(ii) For determining the amount of an award under this subtitle,
the term "average weekly wages" does not include tips, gratuities, and wages that are
undeclared on the claimant's State or federal income tax returns for the applicable
years.

(iii) If a claimant does not have "average weekly wages" to qualify
under the formula in Title 9, Subtitle 6 of the Labor and Employment Article, the
award shall be in an amount equal to the average of the maximum and minimum
awards listed in the applicable portion of that subtitle.

(2)     An award for loss of earnings or support made under this subtitle
may be up to two—thirds of the victim's gross average wage, but may not be less than
the amount provided in paragraph (1) of this subsection.

(3)     The parent or guardian of a victim who is a child and who resides
with the victim may be eligible for an award of up to 30 days of lost earnings as a
result of caring for the victim.

(4)     An award for funeral expenses may not exceed $5,000:

(5)     Subject to the limitation under subsection (b)(3) of this section and §
11-812 of this subtitle, a person who is eligible for an award as the result of the death
of a victim or psychological injury may be eligible, under the regulations that the
Board adopts, to receive psychiatric, psychological, or mental health counseling.

(6)     Subject to the limitation under subsection (b)(6) of this section and §
11-812 of this subtitle, a parent, child, or spouse of a victim who resides with the
victim and who is eligible for an award as the result of the injury of a victim is eligible
to receive psychiatric, psychological, or mental health counseling.

(b) Compensation awarded under this subtitle may not exceed:

(1)     for a disability-related or dependency-related claim:

(i) except as provided in item (ii) of this paragraph, $25,000; or

(ii) if the injury to the victim results in permanent total disability,
up to an additional $25,000 after a disability-related claim has been awarded to the
victim;

(2)     $45,000 for a medical claim;

(3)     $5,000 for each claimant for psychiatric, psychological, or mental
health counseling under subsection (a)(4) of this section;

(4)     except as provided in item (l)(ii) of this subsection, a total of $45,000,
including any subsequent and supplemental awards;

(5)     $250 for each claimant for repair, replacement, or cleaning of
property damaged, soiled, or littered as a result of a crime or law enforcement
investigation of a crime; or

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Session Laws, 2004
Volume 801, Page 71   View pdf image
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