2010 Maryland Code
LABOR AND EMPLOYMENT
TITLE 9 - WORKERS' COMPENSATION
Subtitle 6 - Benefits
Section 9-656 - Apportionment.
§ 9-656. Apportionment.
(a) Determination by Commission.- If it appears that a permanent disability of a covered employee following an accidental personal injury or occupational disease is due partly to the accidental personal injury or occupational disease and partly to a preexisting disease or infirmity, the Commission shall determine:
(1) the proportion of the disability that is reasonably attributable to the accidental personal injury or occupational disease; and
(2) the proportion of the disability that is reasonably attributable to the preexisting disease or infirmity.
(b) Payment of compensation.- The covered employee:
(1) is entitled to compensation for the portion of the disability of the covered employee that is reasonably attributable solely to the accidental personal injury or occupational disease; and
(2) is not entitled to compensation for the portion of the disability that is reasonably attributable to the preexisting disease or infirmity.
[An. Code 1957, art. 101, § 22, 36; 1991, ch. 8, § 2; ch. 21, § 5.]
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