2013 Maryland Code
LABOR AND EMPLOYMENT
§ 9-232 - Volunteer -- Civil defense

§9-232.

(a) Each regularly enrolled volunteer member or trainee of the Maryland Emergency Management Agency established under the Maryland Emergency Management Agency Act is a covered employee.

(b) For the purposes of this title, the State is the employer of each individual who is a covered employee under this section.

§ 9-232 - 1. Volunteer -- Civil defense emergency volunteers

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) (i) "Civil defense volunteer" means an individual who is precertified or preregistered with a unit of State government to provide services at the request of the State during an emergency.

(ii) "Civil defense volunteer" includes a credentialed or registered member of a professional volunteer health corps established by a unit of State government.

(3) (i) "Emergency" has the meaning stated in § 14-101(c) of the Public Safety Article.

(ii) "Emergency" includes:

1. a catastrophic health emergency as defined in § 14-3A-01 of the Public Safety Article; and

2. any event for which the State provides volunteer services in accordance with:

A. the provisions for a state of emergency under § 14-107 or § 14-108 of the Public Safety Article;

B. The Interstate Emergency Management and Civil Defense Compact under § 14-602 of the Public Safety Article; or

C. The Emergency Management Assistance Compact under § 14-702 of the Public Safety Article.

(b) Coverage in general. --

(1) Subject to paragraph (2) of this subsection, a civil defense volunteer is a covered employee if the individual sustains an injury in the course of providing services at the request of the State during an emergency while the emergency may reasonably be considered to be in existence, or during scheduled emergency training.

(2) A civil defense volunteer is not entitled to workers' compensation benefits under this section if the individual is otherwise covered by workers' compensation insurance for services performed at the request of the State during an emergency or scheduled emergency training.

(3) A civil defense volunteer must file a claim in this State to be eligible for benefits under this section.

(4) For the purpose of computing the average weekly wage of a civil defense volunteer who is covered under this section, the wages of the covered employee shall be:

(i) for a covered employee who received a salary or wages from other employment at the time of the accidental personal injury or last injurious exposure, the salary or wages from the other employment; or

(ii) for a covered employee who did not receive a salary or wages from other employment at the time of the accidental personal injury or last injurious exposure:

1. if the covered employee derived income from a source other than salary or wages at the time of the accidental personal injury or last injurious exposure, an amount that allows the maximum compensation under this title;

2. if the covered employee was not engaged in a business enterprise at the time of the accidental personal injury or last injurious exposure, the weekly income last received by the covered employee when engaged in a business enterprise; or

3. if the covered employee had never been engaged in a business enterprise at the time of the accidental personal injury or last injurious exposure, an amount that allows the minimum compensation under this title.