2013 Maryland Code
LABOR AND EMPLOYMENT
§ 9-683 - Apportionment and payment of death benefits


MD Lab & Emp Code § 9-683 (2013) What's This?

§9-683.

(a) This section applies only to a covered employee of a municipal corporation or a county who is subject to § 9-503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9-683.6 of this subtitle.

(b) If there are multiple dependents entitled to death benefits, the Commission may apportion an award of death benefits among the dependents in the manner that the Commission considers just and equitable.

(c) If there are wholly and partly dependent individuals entitled to death benefits, the Commission may:

(1) award the death benefits to the wholly dependent individuals only; or

(2) apportion the award among the wholly and partly dependent individuals in the manner that the Commission considers to be fair and equitable under all of the facts and circumstances of the case.

(d) (1) Death benefits shall be paid to 1 or more of the dependents of a covered employee who are entitled to death benefits, as determined by the Commission, for the benefit of all of the dependents who are entitled to death benefits.

(2) A dependent to whom death benefits are paid shall apply the death benefits to the use of all of the dependents who are entitled to death benefits:

(i) according to the respective claims of the dependents on the deceased covered employee for support; and

(ii) in compliance with the findings and direction of the Commission.

§ 9-683 - 1. Determination of dependency

(a) Applicability of section. -- This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9-503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9-683.6 of this subtitle.

(b) In general. -- Except as otherwise provided in this subtitle, the Commission shall determine all questions of dependency in accordance with the facts of each case that existed:

(1) at the time of the occurrence of the accidental personal injury that caused the death of the covered employee; or

(2) on the date of disablement from the occupational disease that caused the death of the covered employee.

(c) Determination of dependency of a child. -- Notwithstanding subsection (b) of this section, the Commission may determine the question of dependency of a child of a covered employee born after:

(1) the time of the occurrence of the accidental personal injury that caused the death of the covered employee;

(2) the date of disablement from the occupational disease that caused the death of the covered employee; or

(3) the death of the covered employee resulting from the accidental personal injury or occupational disease.

§ 9-683 - 2. Compensation prohibited

(a) Applicability of section. -- This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9-503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9-683.6 of this subtitle.

(b) Surviving spouse -- Marriage after accidental personal injury or occupational disease. -- The surviving spouse of a deceased covered employee whose death was caused by an accidental personal injury or an occupational disease is not entitled to death benefits under this title if the surviving spouse and the covered employee were married after the time of the occurrence of the accidental personal injury or the date of disablement from the occupational disease.

§ 9-683 - 3. Dependent individuals

(a) Applicability of section. -- This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9-503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9-683.6 of this subtitle.

(b) In general. -- If there are individuals who were dependent on a deceased covered employee at the time of death resulting from an accidental personal injury or occupational disease, the employer or its insurer shall pay death benefits in accordance with this section.

(c) Amount of death benefit. --

(1) Beginning on the date of death of a deceased covered employee and continuing for a period of 144 months, the employer or its insurer shall pay death benefits, as calculated in this section, to the dependents of the deceased covered employee.

(2) Except as otherwise provided in this subsection, death benefits shall be paid at the rate of two-thirds of the deceased covered employee's average weekly wage at the time of the occurrence of the accidental personal injury that caused the death of the covered employee or on the date of the last injurious exposure of the covered employee to the hazards of the occupational disease that caused the death of the covered employee, not to exceed the State average weekly wage.

(3) The average weekly wage of all dependents and the deceased covered employee's average weekly wage shall be combined to determine the family income.

(4) The deceased covered employee's income shall be divided by the family income to determine the percent of the family income earned by the deceased covered employee.

(5) The percent of the family income earned by the deceased covered employee shall be multiplied by the death benefit, as calculated in paragraph (2) of this subsection, to determine the amount payable, collectively, to all dependents.

(6) If the average weekly wage of the deceased covered employee was less than $ 100 at the time of the occurrence of the accidental personal injury that caused the death of the covered employee or on the date of disablement from the occupational disease that caused the death of the covered employee, the weekly death benefit paid under this section shall equal the average weekly wage of the deceased covered employee up to $ 100 per week.

(d) Duration of payment -- In general. --

(1) Death benefits shall be paid for a minimum of 5 years after the covered employee's death.

(2) Subject to subsections (e) through (i) of this section, provided that a minimum of 5 years of death benefits has been paid, death benefits shall terminate on the date that would have been the deceased covered employee's 70th birthday.

(e) Duration of payment -- Dependent spouse or child. -- Notwithstanding the time limitations under subsections (c) and (d) of this section, if a dependent spouse or dependent child is incapable of self-support because of a mental or physical disability that preexisted the covered employee's death, death benefits shall continue for the duration of the dependent's disability.

(f) Duration of payment -- Dependent spouse remarries. -- If a dependent spouse remarries, death benefits shall terminate 2 years after the date of remarriage.

(g) Duration of payment -- Child reaches 18. -- The employer or its insurer shall continue to make payments to or for the benefit of a dependent child until the child reaches 18 years of age.

(h) Duration of payment -- After child reaches 18. -- The employer or its insurer shall continue to make payments to, or for the benefit of, a dependent child for up to 5 years after the child reaches 18 years of age if:

(1) the child is attending school on a full-time basis; and

(2) the school offers an educational program or a vocational training program that is accredited or approved by the State Department of Education.

(i) Death benefit limit. --

(1) Except as provided in paragraph (2) of this subsection, all dependents who are neither a dependent spouse nor a dependent child shall be entitled to no more than a total of $ 65,000, collectively, as their portion of the total death benefits payable in accordance with subsection (c) of this section.

(2) Beginning on January 1, 2012, the benefit limit under paragraph (1) of this subsection shall be adjusted annually by the same percent applicable to the adjustment of the State average weekly wage.

§ 9-683 - 4. Continuing jurisdiction

(a) Applicability of section. -- This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9-503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9-683.6 of this subtitle.

(b) In general. -- The Commission has continuing jurisdiction to:

(1) suspend, reallocate, or terminate payments of compensation in accordance with this part; and

(2) reinstate payments of compensation that have been suspended or terminated under this section.

§ 9-683 - 5. Apportionment and payment of death benefits

(a) Applicability of section. -- This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9-503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9-683.6 of this subtitle.

(b) Apportionment -- In general. -- If there are multiple dependents entitled to death benefits, the Commission may apportion an award of death benefits among the dependents in the manner that the Commission considers just and equitable.

(c) Payment of death benefits. --

(1) Death benefits shall be paid to 1 or more of the dependents of a covered employee who are entitled to death benefits, as determined by the Commission, for the benefit of all of the dependents who are entitled to death benefits.

(2) A dependent to whom death benefits are paid shall apply the death benefits to the use of all of the dependents who are entitled to death benefits:

(i) according to the respective claims of the dependents of the deceased covered employee for support; and

(ii) in compliance with the findings and direction of the Commission.

§ 9-683 - 6. Election by municipal corporation or county

(a) In general. -- A municipal corporation or county may make a one-time election to make their covered employees who are subject to § 9-503 of this title and their dependents subject to §§ 9-683.1 through 9-683.5 of this subtitle.

(b) Procedure. -- To make the election described under subsection (a) of this section, the governing body of the municipal corporation or county shall:

(1) adopt an ordinance or resolution stating that it is the intent of the governing body to exercise the right of election; and

(2) forward a copy of the ordinance or resolution to the Commission.

(c) Acknowledgment of receipt of ordinance or resolution. -- On receipt of a copy of the resolution, the Commission shall acknowledge receipt of the ordinance or resolution to the municipal corporation or county.

(d) Workers' compensation cases arising after acknowledged receipt. -- Once the Commission has acknowledged receipt of the ordinance or resolution, any workers' compensation case arising on or after the date of acknowledgement and involving a covered employee of the municipal corporation or county who is subject to § 9-503 of this title and the dependents of the covered employee shall be subject to §§ 9-683.1 through 9-683.5 of this subtitle.

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