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§ 9-681. Wholly dependent individuals

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, § 9-681
§ 9-681. Wholly dependent individuals
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.
In general
(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.
Amount of death benefit
(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:
(i) exceed the State average weekly wage; or
(ii) be less than $25.
(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.
Duration of payment-In general
(d) Except as otherwise provided in this section, the employer or its insurer shall pay the weekly death benefit:
(1) for the period of total dependency; or
(2) until $45,000 has been paid.
Duration of payment-Surviving spouse who remains wholly dependent
(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.
Duration of payment-Surviving spouse who becomes self-supporting
(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.
(2) If a surviving spouse who is wholly dependent at the time of death becomes partly self-supporting, the employer or its insurer shall continue to make payments to the surviving spouse in accordance with § 9-682 of this subtitle.
Duration of payment-Surviving spouse who remarries
(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.
(2) If a surviving spouse who is wholly dependent remarries and does not have dependent children at the time of the remarriage, the employer or its insurer shall continue to make payments to the surviving spouse for 2 years after the date of the remarriage.
Duration of payment-Child who remains wholly dependent
(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.
Duration of payment-Child who become self-supporting
(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.
Duration of payment-Child who becomes 18 years of age
(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.
(2) 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 the period of dependency if the child is:
(i) 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.
Continuing jurisdiction of Commission
(k) 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.

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 May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document