In this subtitle the following words have the meanings indicated. “Board” means the Sundry Claims Board. “Permanent partial disability” has the same meaning given under Title 9, Subtitle 6, Part IV of the Labor and Employment Article. “Permanent total disability” has the same meaning given under Title 9, Subtitle 6, Part V of the Labor and Employment Article.

There is a Sundry Claims Board in the Department.

The Board consists of the following three members: the Secretary of Public Safety and Correctional Services, or the Secretary’s representative; the Secretary of Budget and Management, or the Secretary’s representative; and the Comptroller, or the Comptroller’s representative. The Governor shall designate one member of the Board as chairperson and another member as secretary of the Board. The chairperson may call a meeting of the Board. Each member of the Board is entitled to reimbursement of expenses under the Standard State Travel Regulations, as provided in the State budget.

The Board shall administer benefits as provided under this subtitle to an individual who, while an incarcerated individual in the Patuxent Institution, the Baltimore City Detention Center, or a correctional facility in the Division of Correction: was engaged in work for which wages or a stipulated sum of money was paid by a correctional facility; and sustained a permanent partial disability or permanent total disability: as a result of a personal injury arising out of and in the course of work for which wages or a stipulated sum of money was paid by a correctional facility; and that incapacitated the individual or materially reduced the individual’s earning power in that type of work.

An injured incarcerated individual may file a claim for compensation against the State under this subtitle with the Board. The Board may receive original papers representing a claim even if the State has not appropriated money to pay the claim. An injured incarcerated individual shall file a claim with the Board by the later of: 12 months after being released from the correctional facility; or 24 months after the date of injury. The Board shall file and properly designate each claim by number, short title, or both.

With respect to any claim, a member of the Board may: administer oaths; and issue subpoenas to compel: the attendance of witnesses; and the production of pertinent records or documents. The Board may petition a circuit court for an order of contempt against a person who refuses to: comply with a subpoena issued by a Board member; comply with a request by a Board member to be sworn to an oath; or answer as a witness before the Board.

The Board shall investigate each claim filed under § 10–305 of this subtitle. After its investigation, the Board shall: approve the claim; approve the claim subject to conditions and limitations; or disapprove the claim. The Board shall append to the original papers representing the claim a concise written statement of the facts developed in the proceedings on which its approval, conditional or limited approval, or disapproval is based. The Board shall file the original papers representing the claim and all appended documents in the office of the Secretary. The Board shall send a copy of the original papers representing the claim and all appended documents to: the Comptroller; and the Secretary of Budget and Management. The Comptroller and the Secretary of Budget and Management shall keep a record of the documents sent by the Secretary under subparagraph (i) of this paragraph. The original papers representing the claim and all appended documents constitute a permanent claims record.

In determining what compensation, if any, to allow a claimant, the Board shall consider: the good faith of the claimant; the possibility that the alleged injury was self–inflicted or not accidental; the extent and nature of the injury; the degree of disability; the period of disability or incapacity for other work; and the ordinary earning power of the claimant. The Governor shall include money to pay a claim that is approved by the Board in the State budget for the fiscal year that follows the fiscal year in which the Board approves the claim. The Board shall pay to the claimant or the claimant’s representative any compensation approved by the Board and included in the State budget. The compensation authorized under this subtitle is the exclusive remedy against the State for a claim that falls within the jurisdiction of the Board. An incarcerated individual working under the supervision of Maryland Correctional Enterprises in the Federal Prison Industry Enhancement Program: is excluded from the jurisdiction of the Board; and shall be administered benefits as provided under Title 9 of the Labor and Employment Article.

A claimant aggrieved by a final determination of the Board may file a petition for judicial review in the circuit court of the county where the injury occurred or where the claimant resides. The Board may be a party to the action. The circuit court may: affirm the Board’s determination; reverse or modify a determination it finds to be arbitrary or unreasonable; or remand the case and direct the Board to consider the matter further or make additional findings of fact. The claimant or the Board may appeal a decision of the circuit court to the Appellate Court of Maryland.

Subject to the approval of the Secretary, the Board may adopt regulations governing claims filed under this subtitle.