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§ 9-628. Compensation for less than 75 weeks

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2021

West's Annotated Code of Maryland
Labor and Employment
Title 9. Workers' Compensation (Refs & Annos)
Subtitle 6. Benefits (Refs & Annos)
Part IV. Permanent Partial Disability (Refs & Annos)
Effective: October 1, 2021
MD Code, Labor and Employment, § 9-628
§ 9-628. Compensation for less than 75 weeks
“Public safety employee” defined
(a) In this section, “public safety employee” means:
(1) a firefighter, fire fighting instructor, or paramedic employed by:
(i) a municipal corporation;
(ii) a county;
(iii) the State;
(iv) the State Airport Authority; or
(v) a fire control district;
(2) a volunteer firefighter or volunteer ambulance, rescue, or advanced life support worker who is a covered employee under § 9-234 of this title and who provides volunteer fire or rescue services to:
(i) a municipal corporation;
(ii) a county;
(iii) the State;
(iv) the State Airport Authority; or
(v) a fire control district;
(3) a police officer employed by:
(i) a municipal corporation;
(ii) a county;
(iii) the State;
(iv) the State Airport Authority;
(v) the Maryland-National Capital Park and Planning Commission; or
(vi) the Washington Metropolitan Area Transit Authority;
(4) a Prince George's County deputy sheriff or correctional officer;
(5) a Montgomery County deputy sheriff or correctional officer;
(6) an Allegany County deputy sheriff;
(7) a Howard County deputy sheriff;
(8) an Anne Arundel County deputy sheriff or detention officer;
(9) a Baltimore County correctional officer or detention officer;
(10) a Baltimore County deputy sheriff, but only when the deputy sheriff sustains an accidental personal injury that arises out of and in the course and scope of performing duties directly related to:
(i) courthouse security;
(ii) prisoner transportation;
(iii) service of warrants;
(iv) personnel management; or
(v) other administrative duties;
(11) a State correctional officer;
(12) a Baltimore City deputy sheriff; or
(13) a Harford County deputy sheriff, correctional officer, or detention officer.
Claim arising on or after January 1, 1988
(b) Except as provided in subsections (g) and (h) of this section, if a covered employee is awarded compensation for less than 75 weeks in a claim arising from events occurring on or after January 1, 1988, the employer or its insurer shall pay the covered employee compensation that equals one-third of the average weekly wage of the covered employee but does not exceed $80.
Claim arising on or after January 1, 1989
(c) Except as provided in subsections (g) and (h) of this section, if a covered employee is awarded compensation for less than 75 weeks in a claim arising from events occurring on or after January 1, 1989, the employer or its insurer shall pay the covered employee compensation that equals one-third of the average weekly wage of the covered employee but does not exceed $82.50.
Claim arising on or after January 1, 1993
(d) Except as provided in subsections (g) and (h) of this section, if a covered employee is awarded compensation for less than 75 weeks in a claim arising from events occurring on or after January 1, 1993, the employer or its insurer shall pay the covered employee compensation that equals one-third of the average weekly wage of the covered employee but does not exceed $94.20.
Claim arising on or after January 1, 2000
(e) Except as provided in subsections (g) and (h) of this section, if a covered employee is awarded compensation for less than 75 weeks in a claim arising from events occurring on or after January 1, 2000, the employer or its insurer shall pay the covered employee compensation that equals one-third of the average weekly wage of the covered employee but does not exceed $114.
Claim arising on or after January 1, 2009
(f) Except as provided in subsections (g) and (h) of this section, if a covered employee is awarded compensation for less than 75 weeks, the employer or its insurer shall pay to the covered employee compensation that equals one-third of the average weekly wage of the covered employee but does not exceed:
(1) for claims arising from events occurring on or after January 1, 2009, but before January 1, 2010, 14.3% of the State average weekly wage;
(2) for claims arising from events occurring on or after January 1, 2010, but before January 1, 2011, 15.4% of the State average weekly wage; and
(3) for claims arising from events occurring on or after January 1, 2011, 16.7% of the State average weekly wage.
Exception for certain disabilities
(g) If a covered employee is awarded compensation for less than 75 weeks for a disability listed in § 9-627(b) of this subtitle, the employer or its insurer shall pay the covered employee weekly compensation at the rate set for an award of compensation for a period greater than or equal to 75 weeks but less than 250 weeks under § 9-629 of this subtitle.
Exception for public safety employees
(h) If a public safety employee is awarded compensation for less than 75 weeks, the employer or its insurer shall pay the public safety employee compensation at the rate set for an award of compensation for a period greater than or equal to 75 weeks but less than 250 weeks under § 9-629 of this subtitle.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1992, c. 546; Acts 1999, c. 457, § 1, eff. Oct. 1, 1999; Acts 2001, c. 303, § 1, eff. Oct. 1, 2001; Acts 2004, c. 203, § 1, eff. Oct. 1, 2004; Acts 2006, c. 605, § 1, eff. Oct. 1, 2006; Acts 2007, c. 434, § 1, eff. Oct. 1, 2007; Acts 2008, c. 85, § 1, eff. Jan. 1, 2009; Acts 2008, c. 109, § 1, eff. Oct. 1, 2008; Acts 2010, c. 75, § 1, eff. Oct. 1, 2010; Acts 2010, c. 76, § 1, eff. Oct. 1, 2010; Acts 2012, c. 398, § 1, eff. Oct. 1, 2012; Acts 2013, c. 225, § 1, eff. Oct. 1, 2013; Acts 2013, c. 226, § 1, eff. Oct. 1, 2013; Acts 2015, c. 324, § 2, eff. Oct. 1, 2015; Acts 2015, c. 339, § 1, eff. Oct. 1, 2015; Acts 2016, c. 493, § 1, eff. Oct. 1, 2016; Acts 2018, c. 588, § 1, eff. Oct. 1, 2018; Acts 2018, c. 589, § 1, eff. Oct. 1, 2018; Acts 2019, c. 256, § 1, eff. Oct. 1, 2019; Acts 2020, c. 303, § 1, eff. Oct. 1, 2020; Acts 2021, c. 199, § 1, eff. Oct. 1, 2021; Acts 2021, c. 200, § 1, eff. Oct. 1, 2021.
MD Code, Labor and Employment, § 9-628, MD LABOR & EMPLY § 9-628
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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