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§ 9-610. Offset against other benefits

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2023

West's Annotated Code of Maryland
Labor and Employment
Title 9. Workers' Compensation (Refs & Annos)
Subtitle 6. Benefits (Refs & Annos)
Part I. General Provisions (Refs & Annos)
Effective: October 1, 2023
MD Code, Labor and Employment, § 9-610
§ 9-610. Offset against other benefits
Covered employee of governmental unit or quasi-public corporation
(a)(1) Except for benefits subject to an offset under § 29-118 of the State Personnel and Pensions Article, if a statute, charter, ordinance, resolution, regulation, or policy, regardless of whether part of a pension system, provides a benefit to a covered employee of a governmental unit or a quasi-public corporation that is subject to this title under § 9-201(2) of this title or, in case of death, to the dependents of the covered employee, payment of the benefit by the employer satisfies, to the extent of the payment, the liability of the employer and the Subsequent Injury Fund for payment of similar benefits under this title only if the payment of the benefit by the employer and the payment for benefits under this title are based, in whole or in part, on the same body part.
(2) If a benefit paid under paragraph (1) of this subsection is less than the benefits provided under this title, the employer, the Subsequent Injury Fund, or both shall provide an additional benefit that equals the difference between the benefit paid under paragraph (1) of this subsection and the benefits provided under this title.
(3) The computation of an additional benefit payable under paragraph (2) of this section shall be done at the time of the initial award and may not include any cost of living adjustment after the initial award.
Covered employee of Military Department of the State
(b)(1) If federal law provides benefits for an individual who is a covered employee of the Military Department of the State under § 9-215 of this title that are equal to or greater than the benefits provided by this title, the covered employee is not entitled to benefits under this title.
(2) If federal law provides benefits for a covered employee of the Military Department of the State that are less than the benefits provided by this title, the State and its insurer shall provide an additional benefit that equals the difference between the benefit provided by federal law and the similar benefit provided by this title.
Powers of Commission
(c)(1) The Commission may:
(i) determine whether any benefit provided by the employer is equal to or greater than any benefit provided for in this title; and
(ii) make an award against the employer or the Subsequent Injury Fund or both to provide an additional benefit that equals the difference between the benefit provided by the employer and the benefits required by this title.
(2) A claim that comes under this section is subject to the continuing powers and jurisdiction of the Commission.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1997, c. 279, § 1, eff. Oct. 1, 1997; Acts 1999, c. 340, § 1, eff. Oct. 1, 1999; Acts 2019, c. 210, § 1, eff. July 1, 2019; Acts 2023, c. 410, § 1, eff. Oct. 1, 2023.
Formerly Art. 101, § 33.
MD Code, Labor and Employment, § 9-610, MD LABOR & EMPLY § 9-610
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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