§ 9-681. Wholly dependent individuals
West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2011
Effective: October 1, 2011
MD Code, Labor and Employment, § 9-681
§ 9-681. Wholly dependent individuals
(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.
(b) If there are individuals who were wholly dependent on a deceased covered employee at the time of death resulting from an accidental personal injury or occupational disease, the employer or its insurer shall pay death benefits in accordance with this section.
(c)(1) Except as provided in paragraph (2) of this subsection, the death benefit payable under this section shall equal two- thirds of the average weekly wage of the deceased covered employee, but may not:
(2) If the average weekly wage of the deceased covered employee was less than $25 at the time of the accidental personal injury or the last injurious exposure to the hazards of the occupational disease, the weekly death benefit payable under this section shall equal the average weekly wage of the deceased covered employee.
(d) Except as otherwise provided in this section, the employer or its insurer shall pay the weekly death benefit:
(e) If a surviving spouse who was wholly dependent at the time of death continues to be wholly dependent after $45,000 has been paid, the employer or its insurer shall continue to make payments to the surviving spouse at the same weekly rate during the total dependency of the surviving spouse.
(f)(1) If a surviving spouse who is wholly dependent at the time of death becomes wholly self-supporting before $45,000 has been paid, the employer or its insurer shall continue to pay death benefits until $45,000 has been paid.
(g)(1) Except as provided in paragraph (2) of this subsection, if a surviving spouse who is wholly dependent remarries, payment to the surviving spouse shall stop on the date of remarriage, even if $45,000 has not been paid.
(h) If a surviving child continues to be wholly dependent after the total amount of $45,000 has been paid, the employer or its insurer shall continue to make payments at the same weekly rate during the total dependency of the surviving child.
(i) Except as provided in subsection (j) of this section, if a child who is wholly dependent at the time of death becomes wholly or partly self-supporting, the employer or its insurer shall continue to pay death benefits until $45,000 has been paid.
(j)(1) Except as provided in paragraphs (2) and (3) of this subsection, the employer or its insurer shall continue to make payments to, or for the benefit of, a surviving child until the child reaches 18 years of age.
(k) The Commission has continuing jurisdiction to:
Credits
Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1991, c. 21, § 5; Acts 2003, c. 319, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2009, c. 616, § 1, eff. July 1, 2009; Acts 2009, c. 617, § 1, eff. July 1, 2009; Acts 2011, c. 435, § 1, eff. Oct. 1, 2011; Acts 2011, c. 436, § 1, eff. Oct. 1, 2011.
Formerly Art. 101, §§ 23, 36.
MD Code, Labor and Employment, § 9-681, MD LABOR & EMPLY § 9-681
Current through legislation effective through June 1, 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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