(a) In determining what compensation, if any, to allow a claimant, the Board shall consider:
(1) the good faith of the claimant;
(2) the possibility that the alleged injury was self-inflicted or not accidental;
(3) the extent and nature of the injury;
(4) the degree of disability;
(5) the period of disability or incapacity for other work; and
(6) the ordinary earning power of the claimant.
(b)(1) The Governor shall include money to pay a claim that is approved by the Board in the State budget for the fiscal year that follows the fiscal year in which the Board approves the claim.
(2) The Board shall pay to the claimant or the claimant's representative any compensation approved by the Board and included in the State budget.
(c) The compensation authorized under this subtitle is the exclusive remedy against the State for a claim that falls within the jurisdiction of the Board.
(d) An incarcerated individual working under the supervision of Maryland Correctional Enterprises in the Federal Prison Industry Enhancement Program:
(1) is excluded from the jurisdiction of the Board; and
(2) shall be administered benefits as provided under Title 9 of the Labor and Employment Article.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2005, c. 124, § 1, eff. Oct. 1, 2005; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
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.
