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§ 9-680. Compensation prohibited

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2011

West's Annotated Code of Maryland
Labor and Employment
Title 9. Workers' Compensation (Refs & Annos)
Subtitle 6. Benefits (Refs & Annos)
Part XII. Death Benefits (Refs & Annos)
Effective: October 1, 2011
MD Code, Labor and Employment, § 9-680
§ 9-680. Compensation prohibited
Application of section
(a) This section applies only to a covered employee of a municipal corporation or a county who is subject to § 9-503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9-683.6 of this subtitle.
Surviving spouse-desertion; marriage after accidental personal injury or occupational disease
(b) The surviving spouse of a covered employee whose death was caused by an accidental personal injury or an occupational disease is not entitled to benefits under this title if:
(1) the surviving spouse deserts the covered employee for more than 1 year before the time of the occurrence of the accidental personal injury or the date of disablement from the occupational disease;
(2) the surviving spouse deserts the covered employee at any time after the time of the occurrence of the accidental personal injury or the date of disablement from the occupational disease; or
(3) the surviving spouse and the covered employee:
(i) were married after the time of the occurrence of the accidental personal injury or the date of disablement from the occupational disease; and
(ii) do not have any dependent children.
Dependency after occurrence of occupational disease
(c)(1) Except as provided in paragraph (2) of this subsection, an individual is not entitled to compensation due to the death of a covered employee from an occupational disease if the individual became dependent on the covered employee after the beginning of the 1st compensable disability of the covered employee resulting from the occupational disease.
(2) The prohibition against compensation in paragraph (1) of this subsection does not apply to a child of the deceased covered employee born:
(i) after the beginning of the 1st compensable disability of the covered employee resulting from the occupational disease; and
(ii) of a marriage that existed at the beginning of the disability.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1991, c. 21, § 5; Acts 2011, c. 435, § 1, eff. Oct. 1, 2011; Acts 2011, c. 436, § 1, eff. Oct. 1, 2011.
Formerly Art. 101, §§ 22, 23, 36.
MD Code, Labor and Employment, § 9-680, MD LABOR & EMPLY § 9-680
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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