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§ 9-1003. Subrogation to rights of claimant

West's Annotated Code of MarylandLabor and Employment

West's Annotated Code of Maryland
Labor and Employment
Title 9. Workers' Compensation (Refs & Annos)
Subtitle 10. Uninsured Employers (Refs & Annos)
MD Code, Labor and Employment, § 9-1003
§ 9-1003. Subrogation to rights of claimant
In general
(a) If the Fund makes payment to a covered employee or the dependents of a covered employee as directed by the Commission, the Fund is subrogated to the rights of the covered employee or dependents against the uninsured employer.
Civil action; criminal prosecution
(b) The Fund may:
(1) institute a civil action to recover the money paid under the award;
(2) refer the matter to the appropriate authority for prosecution under § 9-1108 of this title; or
(3) do both.
Liability of officer of corporation
(c) Notwithstanding any other provision of law, if the uninsured employer is a corporation the assets of which are not sufficient to satisfy an award, any officer of the corporation who has responsibility for the general management of the corporation in the State is jointly and severally liable for payment of the award if the corporate officer knowingly failed to secure workers' compensation insurance.
Liability of member of limited liability company
(d) Notwithstanding any other provision of law, if the uninsured employer is a limited liability company the assets of which are not sufficient to satisfy an award, any member of the company who has responsibility for the general management of the limited liability company in the State is jointly and severally liable for payment of the award if a member of the limited liability company who has general management responsibility knowingly failed to secure workers' compensation insurance.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 2006, c. 601, § 1, eff. Oct. 1, 2006.
Formerly Art. 101, § 90.
MD Code, Labor and Employment, § 9-1003, MD LABOR & EMPLY § 9-1003
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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