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§ 9-656. Apportionment

West's Annotated Code of MarylandLabor and Employment

West's Annotated Code of Maryland
Labor and Employment
Title 9. Workers' Compensation (Refs & Annos)
Subtitle 6. Benefits (Refs & Annos)
Part VIII. Permanent Disability Due in Part to Preexisting Disease or Infirmity (Refs & Annos)
MD Code, Labor and Employment, § 9-656
§ 9-656. Apportionment
Currentness
Determination by Commissioner
(a) If it appears that a permanent disability of a covered employee following an accidental personal injury or occupational disease is due partly to the accidental personal injury or occupational disease and partly to a preexisting disease or infirmity, the Commission shall determine:
(1) the proportion of the disability that is reasonably attributable to the accidental personal injury or occupational disease; and
(2) the proportion of the disability that is reasonably attributable to the preexisting disease or infirmity.
Payment of compensation
(b) The covered employee:
(1) is entitled to compensation for the portion of the disability of the covered employee that is reasonably attributable solely to the accidental personal injury or occupational disease; and
(2) is not entitled to compensation for the portion of the disability that is reasonably attributable to the preexisting disease or infirmity.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1991, c. 21, § 5.
Formerly Art. 101, §§ 22, 36.
MD Code, Labor and Employment, § 9-656, MD LABOR & EMPLY § 9-656
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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