2010 Maryland Code
LABOR AND EMPLOYMENT
TITLE 9 - WORKERS' COMPENSATION
Subtitle 10 - Uninsured Employers
Section 9-1007 - Assessment on awards and settlements.

§ 9-1007. Assessment on awards and settlements.
 

(a)  In general.-  

(1) Except as provided in subsection (b) of this section, the Commission shall impose against an employer or, if insured, its insurer an assessment equal to 1% of: 

(i) each award against the employer for permanent disability or death, including awards for disfigurement or mutilation; and 

(ii) each amount payable by the employer or its insurer under a settlement agreement approved by the Commission. 

(2) (i) Notwithstanding any other provision of law, if the employer is a corporation the assets of which are not sufficient to satisfy an assessment, any officer of the corporation who has responsibility for the general management of the corporation in the State is jointly and severally liable for the assessment if the corporate officer knowingly failed to secure workers' compensation insurance. 

(ii) Notwithstanding any other provision of law, if the employer is a limited liability company the assets of which are not sufficient to satisfy an assessment, any member of the limited liability company who has responsibility for the general management of the limited liability company in the State is jointly and severally liable for the assessment if a member of the limited liability company who has general management responsibility knowingly failed to secure workers' compensation insurance. 

(b)  Fund reserves inadequate - Additional assessment.- Notwithstanding the limit on the balance of the Fund under § 9-1011 of this subtitle, if the Board determines that the reserves of the Fund are inadequate to meet anticipated losses, the Board may direct the Commission to assess an additional 1% under subsection (a) of this section. 

(c)  Rounding off.- Any fractional dollar of payment under this section shall be rounded off to the nearest whole dollar. 

(d)  Payment into Fund.- The Commission shall direct payment of an assessment under subsection (a) or (b) of this section into the Fund. 

(e)  Payments in addition to compensation.- Payments under this section are in addition to the payment of compensation to a covered employee or the dependents of a covered employee under this title. 
 

[An. Code 1957, art. 101, § 91; 1991, ch. 8, § 2; 1999, ch. 316; 2006, ch. 601.]