2018 Maryland Code
Labor and Employment
Title 9 - Workers' Compensation
Subtitle 6 - Benefits
Part V - Permanent Total Disability
§ 9-640. Survival of compensation
(a) Scope of section. -- This section does not apply to compensation paid under Title 10, Subtitle 2 of this article.
(b) In general. -- If a covered employee dies from a cause that is not compensable under this title, the right to compensation that is payable under this Part V of this subtitle and unpaid on the date of death survives in accordance with this section to the extent of $ 65,000, as increased by the cost of living adjustments under ยง 9-638 of this Part V of this subtitle.
(c) Surviving dependents. -- If there are surviving dependents of the covered employee, the right to compensation survives to the surviving dependents as the Commission may determine.
(d) No surviving dependents; obligation to support surviving spouse. -- If there are no surviving dependents of the covered employee and, on the date of death, the covered employee had a legal obligation to support a surviving spouse, the right of compensation shall survive to:
(1) the surviving spouse of the covered employee; or
(2) the surviving spouse and the surviving minor children of the covered employee.
(e) No surviving dependents or obligation to support surviving spouse. -- If there are no surviving dependents and, on the date of death, the covered employee did not have a legal obligation to support a surviving spouse, the right to compensation survives only to the surviving minor children of the covered employee.