Title 9. Workers' Compensation — Subtitle 6. Benefits

Except as otherwise provided in this section, the average weekly wage of a covered employee shall be computed by determining the average of the weekly wages of the covered employee:

For purposes of a computation under paragraph (1) of this subsection, wages shall include:

If a covered employee establishes that, because of the age and experience of the covered employee at the time of the accidental personal injury or last injurious exposure to the hazards of the occupational disease, the wages of the covered employee could be expected to increase under normal circumstances, the expected increase may be taken into account when computing the average weekly wage of the covered employee under paragraph (1) of this subsection.

if the covered employee had other employment at the time of the accidental personal injury or last injurious exposure, the salary or wages from the other employment;

if the covered employee had had other employment but was not otherwise employed at the time of the accidental personal injury or last injurious exposure, the salary or wages last received by the covered employee from the other employment; or

if the covered employee had never had other employment at the time of the accidental personal injury or last injurious exposure, an amount that allows minimum death or disability benefits under this title.

the greater of:

if the covered employee did not receive wages for fire fighting or from other employment at the time of the accidental personal injury or last injurious exposure, an amount that allows the minimum compensation or death benefits under this title.

the wage provided for active duty in § 13–406(b) of the Public Safety Article;

the actual wages earned by the covered employee in employment in the National Guard; or

the actual wages earned by the covered employee in the employee’s civilian employment at the time of entry into State active duty.

Subject to paragraph (2) of this subsection, for the purpose of computing the average weekly wage of an individual who is a covered employee under § 9–234 of this title, the wages of the covered employee shall be:

A yearly stipend of $5,200 or less to help offset out–of–pocket expenses that a volunteer company, as defined in § 9–234 of this title, pays to a member may not be used when determining the average weekly wage of the member.

the wages paid to the prisoner by the county; and

a fair and reasonable amount determined by the Commission for meals and maintenance of the prisoner, but not more than the amount customarily received by the county for its own use by prisoners engaged in employment by other employers.

if the covered employee had other employment at the time of the accidental personal injury or last injurious exposure, the wages from the other employment;

if the covered employee had had other employment but was not otherwise employed at the time of the accidental personal injury or last injurious exposure, the wages last received by the covered employee from the other employment; or

if the covered employee had never had other employment at the time of the accidental personal injury or last injurious exposure, an amount that allows minimum compensation under this title.

This subsection applies only to a covered employee who:

This subsection may not be interpreted as:

the employer of the minor is solely liable for the increased amount of compensation or death benefits; and

an insurance policy may not provide for payment or indemnification of the employer of the minor for payment of the increased amount of compensation or death benefits.

the occupational disease is aggravated by another disease or infirmity that is not compensable; or

the occupational disease accelerates, aggravates, prolongs, or in any way contributes to a disability or death from a cause that is not compensable.

The compensation payable shall be reduced to the percentage of the compensation that would have been payable if the occupational disease had been the sole cause of the death or disability that equals the percentage that the occupational disease contributed to the death or disability, as determined by the Commission under subsection (a) of this section.

As may be in the best interest of the covered employee under the circumstances of the case, the Commission shall reduce the compensation to the percentage required by paragraph (1) of this subsection by reducing:

Except for benefits subject to an offset under § 29–118 of the State Personnel and Pensions Article, if a statute, charter, ordinance, resolution, regulation, or policy, regardless of whether part of a pension system, provides a benefit to a covered employee of a governmental unit or a quasi–public corporation that is subject to this title under § 9–201(2) of this title or, in case of death, to the dependents of the covered employee, payment of the benefit by the employer satisfies, to the extent of the payment, the liability of the employer and the Subsequent Injury Fund for payment of similar benefits under this title only if the payment of the benefit by the employer and the payment for benefits under this title are based, in whole or in part, on the same body part.

If a benefit paid under paragraph (1) of this subsection is less than the benefits provided under this title, the employer, the Subsequent Injury Fund, or both shall provide an additional benefit that equals the difference between the benefit paid under paragraph (1) of this subsection and the benefits provided under this title.

The computation of an additional benefit payable under paragraph (2) of this subsection shall be done at the time of the initial award and may not include any cost of living adjustment after the initial award.

If federal law provides benefits for an individual who is a covered employee of the Military Department of the State under § 9–215 of this title that are equal to or greater than the benefits provided by this title, the covered employee is not entitled to benefits under this title.

If federal law provides benefits for a covered employee of the Military Department of the State that are less than the benefits provided by this title, the State and its insurer shall provide an additional benefit that equals the difference between the benefit provided by federal law and the similar benefit provided by this title.

The Commission may:

A claim that comes under this section is subject to the continuing powers and jurisdiction of the Commission.

Subject to paragraph (2) of this subsection, if the wage earning capacity of a covered employee is less while temporarily partially disabled, the employer or its insurer shall pay the covered employee compensation that equals 50% of the difference between:

The compensation payable under paragraph (1) of this subsection may not exceed 50% of the State average weekly wage.

Except as provided in paragraph (2) of this subsection, if a covered employee is temporarily totally disabled due to an accidental personal injury or an occupational disease, the employer or its insurer shall pay the covered employee compensation that equals two-thirds of the average weekly wage of the covered employee, but:

If the average weekly wage of the covered employee is less than $50 at the time of the accidental personal injury or the last injurious exposure to the hazards of the occupational disease, the employer or its insurer shall pay the covered employee compensation that equals the average weekly wage of the covered employee.

does not exceed the lesser of:

is not less than the initial award.

a thumb, 100 weeks;

a 1st finger, commonly called the index finger, 40 weeks;

a 2nd finger, 35 weeks;

a 3rd finger, 30 weeks;

a 4th finger, commonly called the little finger, 25 weeks; and

a great toe, 40 weeks.

Compensation for the loss of more than 1 phalanx of a digit of a hand or foot shall be the same as the compensation for the loss of the entire digit.

Compensation for the loss of the 1st phalanx of a digit shall be 50% of the compensation for the loss of the entire digit.

Compensation for the loss or loss of use of 2 or more digits or 1 or more phalanxes of 2 or more digits of a hand or foot:

Compensation shall be paid for the period listed for the loss of the following:

Compensation shall be paid for the period listed for:

Compensation shall be paid for a perforated nasal septum for 20 weeks.

When a covered employee has a partial loss of vision in 1 or both eyes, compensation shall be paid that bears the same ratio to compensation for a total loss of vision that the partial loss of vision bears to the total loss of vision.

In determining the percentage of vision lost, consideration may not be given to the effect that a correcting lens may have on the eye.

An amputation at or above the wrist or ankle may be apportioned to the loss of the use of the arm or leg, but may not be less than the compensation for the loss or loss of use of a hand or foot.

Amputation at or above the elbow shall be considered the loss of an arm.

Amputation at or above the knee shall be considered the loss of a leg.

For mutilations and disfigurements not provided for in this section, the Commission may award compensation for up to 156 weeks.

In making an award under paragraph (1) of this subsection, the Commission shall consider the character of the mutilation or disfigurement as compared with mutilation and disfigurement specifically provided for in this section.

When compensation is awarded for less than 75 weeks for a disability listed in subsection (b) of this section, the Commission may determine that the disability results in an industrial loss by considering factors including:

If the Commission determines that the accidental personal injury or occupational disease results in industrial loss, the Commission may award the covered employee additional weeks of compensation not to exceed a total disability of 75 weeks.

In all cases of permanent partial disability not listed in subsections (a) through (j) of this section, the Commission shall determine the percentage by which the industrial use of the covered employee’s body was impaired as a result of the accidental personal injury or occupational disease.

In making a determination under paragraph (1) of this subsection, the Commission shall consider factors including:

The Commission shall award compensation to the covered employee in the proportion that the determined loss bears to 500 weeks.

Compensation shall be paid to the covered employee at the rates listed for the period in §§ 9-628 through 9-630 of this Part IV of this subtitle.

a firefighter, fire fighting instructor, or paramedic employed by:

a volunteer firefighter or volunteer ambulance, rescue, or advanced life support worker who is a covered employee under § 9–234 of this title and who provides volunteer fire or rescue services to:

a police officer employed by:

a Prince George’s County deputy sheriff or correctional officer;

a Montgomery County deputy sheriff or correctional officer;

an Allegany County deputy sheriff;

a Howard County deputy sheriff;

an Anne Arundel County deputy sheriff or detention officer;

a Baltimore County correctional officer or detention officer;

a Baltimore County deputy sheriff, but only when the deputy sheriff sustains an accidental personal injury that arises out of and in the course and scope of performing duties directly related to:

a State correctional officer;

a Baltimore City deputy sheriff;

a Harford County deputy sheriff, correctional officer, or detention officer; or

a Carroll County correctional deputy.

for claims arising from events occurring on or after January 1, 2009, but before January 1, 2010, 14.3% of the State average weekly wage;

for claims arising from events occurring on or after January 1, 2010, but before January 1, 2011, 15.4% of the State average weekly wage; and

for claims arising from events occurring on or after January 1, 2011, 16.7% of the State average weekly wage.

Except as provided in paragraph (2) of this subsection, if a covered employee is given an award or a combination of awards resulting from 1 accidental personal injury or occupational disease for 250 weeks or more under § 9-627 of this subtitle:

An award for disfigurement or mutilation under § 9-627(i) of this subtitle may not be used to make up the 250 weeks under paragraph (1) of this subsection.

This subsection applies to the payment of weekly compensation required under subsection (a) of this section if the average weekly wage of a covered employee is computed under § 9-602(l) of this subtitle.

The employer in whose employment the accidental personal injury occurred or the employer’s insurer shall pay the covered employee weekly compensation that is based on the weekly wages of the covered employee at the employment in which the covered employee was injured.

Subject to paragraph (4) of this subsection, any additional weekly compensation resulting from computing the average weekly wage based on weekly wages earned by the covered employee in other employment shall be payable in the first instance by the employer in whose employment the employee was injured or the employer’s insurer.

Subject to any right of the Subsequent Injury Fund to be impleaded or any right of the Subsequent Injury Fund to defend in a case involving payment from the Subsequent Injury Fund created under Title 10, Subtitle 2 of this article, as allowable under Subtitle 8 of this title, the Subsequent Injury Fund shall reimburse the employer in whose employment the employee was injured or the employer’s insurer the amount of additional weekly compensation paid by the employer or insurer under paragraph (3) of this subsection.

Except as provided in paragraph (2) of this subsection, § 9-627 of this subtitle applies to covered employees who are covered by this section.

To the extent of any inconsistency, this section prevails over § 9-627 of this subtitle.

the surviving spouse of the covered employee; and

the surviving minor children of the covered employee.

both arms;

both eyes;

both feet;

both hands;

both legs; or

a combination of any 2 of the following:

Except as provided in paragraph (2) of this subsection, if a covered employee has a permanent total disability resulting from an accidental personal injury or an occupational disease, the employer or its insurer shall pay the covered employee compensation that equals two-thirds of the average weekly wage of the covered employee, but may not:

If the average weekly wage of the covered employee is less than $25 at the time of the accidental personal injury or last injurious exposure to the hazards of the occupational disease, the employer or its insurer shall pay the covered employee weekly compensation that equals the average weekly wage of the covered employee.

Payments under paragraph (1) or (2) of this subsection may not exceed a total of $45,000.

This subsection applies to the payment of weekly compensation required under subsection (a) of this section if the average weekly wage of a covered employee is computed under § 9-602(l) of this subtitle.

The employer in whose employment the accidental personal injury occurred or the employer’s insurer shall pay the covered employee weekly compensation that is based on the weekly wages of the covered employee at the employment in which the covered employee was injured.

Subject to paragraph (4) of this subsection, any additional weekly compensation resulting from computing the average weekly wage based on weekly wages earned by the covered employee in other employment shall be payable in the first instance by the employer in whose employment the employee was injured or the employer’s insurer.

Subject to any right of the Subsequent Injury Fund to be impleaded or any right of the Subsequent Injury Fund to defend in a case involving payment from the Subsequent Injury Fund created under Title 10, Subtitle 2 of this article, as allowable under Subtitle 8 of this title, the Subsequent Injury Fund shall reimburse the employer in whose employment the employee was injured or the employer’s insurer the amount of additional weekly compensation paid by the employer or insurer under paragraph (3) of this subsection.

A covered employee under this section includes an individual who:

Compensation paid to a covered employee under this Part V of this subtitle is subject to an annual cost of living adjustment.

the Consumer Price Index (all urban consumers, all item index) published by the United States Department of Labor for the Washington Metropolitan Area; or

the United States city average consumer price index (all urban consumers, all item index).

On or before July 31 of each year, the Commission shall publish the amount of the cost of living adjustment that shall become effective on January 1 of the following year.

The cost of living adjustment may not exceed 5%.

multiplying the initial rate of compensation by the cost of living adjustment; and

adding the product to the compensation, as adjusted, paid during the prior year.

If a covered employee who is entitled to compensation under this Part V of this subtitle also receives federal Social Security disability insurance benefits, the adjusted annual compensation paid shall be reduced to the extent necessary to avoid a diminution of the federal Social Security disability insurance benefits.

If federal Social Security law on disability insurance benefits no longer imposes a diminution in the payment of the adjustment in compensation, payments of compensation shall be made to the full extent allowed under this section.

a nongovernmental unit that employs at least one covered employee;

a county; and

a municipal corporation.

is entitled to compensation for claims arising from events occurring on or before January 1, 1988; and

filed the claims for compensation paid by a nongovernmental unit, a county, or a municipal corporation.

the Consumer Price Index (all urban consumers, all item index) published by the United States Department of Labor for the Washington Metropolitan Area; or

the United States city average consumer price index (all urban consumers, all item index).

multiplying the initial rate of compensation by the cost of living adjustment; and

adding the product to the compensation, as adjusted, paid during the prior year.

If a covered employee who is entitled to compensation under this Part V of this subtitle also receives federal Social Security disability insurance benefits, the adjusted annual compensation paid shall be reduced to the extent necessary to avoid a diminution of the federal Social Security disability insurance benefits.

If federal Social Security law on disability insurance benefits no longer imposes a diminution in the payment of the adjustment in compensation, payments of compensation shall be made to the full extent allowed under this section.

the surviving spouse of the covered employee; or

the surviving spouse and the surviving minor children of the covered employee.

Except as provided in subsection (c) of this section, if a covered employee suffers a compensable hernia and undergoes surgery, the employer or its insurer shall pay the covered employee compensation only for lost time.

For the purpose of computing lost time under paragraph (1) of this subsection, any time lost because of a delay in holding a hearing shall not be counted as lost time if the delay occurred at the request or due to the fault of the covered employee.

The Commission may excuse a refusal to undergo surgery if the covered employee satisfies the Commission that it is considered unsafe for the covered employee to undergo surgery because of the age or previous physical condition of the covered employee.

If the Commission excuses a refusal to undergo surgery under paragraph (1) of this subsection, the employer or its insurer shall pay the covered employee compensation for 52 weeks.

the surviving spouse of the covered employee; and

the surviving minor children of the covered employee.

Hearing loss shall be measured by audiometric instrumentation that meets the following criteria:

Measurements shall be conducted in a sound room that meets the ANSI 3.1–1991 criteria for maximum permissible ambient noise for audiometric test rooms.

Behavioral psychoacoustic measurements shall be obtained with instrumentation that utilizes insert earphones, as referenced in ANSI 3.6–1996.

Electrodiagnostic measurements such as auditory evoked potentials, acoustic emittance measurements, or distortion product otoacoustic emissions may be obtained to determine the nature and extent of workplace hearing loss.

Audiologic results shall be used in conjunction with other information to evaluate a claimant’s compensable hearing loss.

The percentage of hearing loss for purposes of compensation for occupational deafness shall be determined by calculating the average, in decibels, of the thresholds of hearing for the frequencies of 500, 1,000, 2,000, 3,000, and 4,000 hertz in accordance with paragraph (2) of this subsection.

The average of the thresholds in hearing shall be calculated by:

To allow for the average amount of hearing loss from nonoccupational causes found in the population at any given age, there shall be deducted from the total average decibel loss determined under paragraphs (1) and (2) of this subsection one–half of a decibel for each year of the covered employee’s age over 50 or for each year subsequent to the date of the covered employee’s last injurious exposure to industrial noise, whichever is less.

If the average hearing loss in the 5 frequencies determined under subsection (b) of this section is 25 decibels or less, the covered employee does not have a compensable hearing loss.

If the average hearing loss in the 5 frequencies determined under subsection (b) of this section is 91.7 decibels or more, the covered employee has a 100% compensable hearing loss.

For every decibel that the average hearing loss exceeds 25 decibels, the covered employee shall be allowed 1.5% of the compensable hearing loss, up to a maximum of 100% compensable hearing loss at 91.7 decibels.

multiplying the percentage of hearing loss in the better ear by 5;

adding that product to the percentage of hearing loss in the poorer ear; and

dividing that sum by 6.

In determining the percentage of hearing loss under this section, consideration may not be given to whether the use of an amplification device improves the ability of a covered employee to understand speech or enhance behavioral hearing thresholds.

the employment of the covered employee by the employer has contributed to any extent to the occupational deafness of the covered employee; and

the employer otherwise is liable under this section and § 9-505 of this title.

If the Commission finds that the impleaded employer would have been liable to the employee had the employee proceeded against the impleaded employer under the claim being adjudicated, the employer liable to the employee is entitled to an award that:

Unless the evidence warrants a different apportionment, the impleaded employer and the employer liable to the covered employee shall have equal liability to the employee.

the proportion of the disability that is reasonably attributable to the accidental personal injury or occupational disease; and

the proportion of the disability that is reasonably attributable to the preexisting disease or infirmity.

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

is not entitled to compensation for the portion of the disability that is reasonably attributable to the preexisting disease or infirmity.

be made in writing, as part of the contract of employment or as a separate instrument;

plainly describe the existing permanent partial disability; and

be executed by the employee:

medical, surgical, or other attendance or treatment;

hospital and nursing services;

medicine;

crutches and other apparatus; and

artificial arms, feet, hands, and legs and other prosthetic appliances.

reopen any case; or

allow any previous award to be changed.

A provider who provides medical service or treatment to a covered employee under subsection (a) of this section shall submit to the employer or the employer’s insurer a bill for providing medical service or treatment within 12 months from the later of the date:

The employer or the employer’s insurer may not be required to pay a bill submitted after the time period required under paragraph (1) of this subsection unless:

The Commission shall adopt regulations setting standards for the assessment of fines under § 9-664 of this Part IX of this subtitle.

The Commission may adopt regulations about:

The Commission may regulate fees and other charges for medical services or treatment under this subtitle.

Each fee or other charge for medical service or treatment under this subtitle is limited to the amount that prevails in the same community for similar treatment of an injured individual with a standard of living that is comparable to that of the covered employee.

At least once every 2 years, the Commission shall:

If the Commission finds that the employer or its insurer has failed, without good cause, to pay for treatment or services required by § 9-660 of this Part IX of this subtitle within 45 days after the Commission, by order, finally approves the fee or charge for the treatment or services, the Commission may impose a fine on the employer or insurer, not exceeding 20% of the amount of the approved fee or charge.

The employer or insurer shall pay the fine to the Commission to be deposited in the General Fund of the State.

Interest, payable to the provider of the treatment or services, shall accrue at the rate specified in § 11-107(a) of the Courts Article on any amount owed to the provider that:

Interest shall accrue beginning on the 46th day after the later of:

if an accidental personal injury, the accidental personal injury; or

if an occupational disease, disablement from the occupational disease.

collecting and analyzing each of the economic, educational, legal, medical, social, and vocational circumstances of a disabled covered employee, including the present mental and physical ability of the covered employee to participate in vocational rehabilitation services; and

determining the appropriate vocational rehabilitation services reasonably necessary to return the disabled covered employee to suitable gainful employment.

“Vocational rehabilitation services” means professional services reasonably necessary during or after or both during and after medical treatment to enable a disabled covered employee, as soon as practical, to secure suitable gainful employment.

“Vocational rehabilitation services” includes:

refer a covered employee who is entitled to vocational rehabilitation services under § 9-672 of this Part XI of this subtitle to an appropriate vocational rehabilitation provider; and

obtain from the provider a vocational rehabilitation plan that includes:

the qualifications, interests, incentives, earnings before the accidental personal injury or date of disablement from the occupational disease, and future earning capacity of the covered employee;

the nature and extent of the disability of the covered employee; and

the current and future condition of the labor market.

Within 15 days after the day of written notification by the Commission of the contents of the vocational rehabilitation plan, any party in interest may request a hearing to contest the plan.

At the hearing, the parties may present additional evidence as necessary.

After the hearing, the Commission shall:

While a covered employee is receiving vocational rehabilitation services, the employer or its insurer shall pay compensation to the covered employee as if the covered employee was temporarily totally disabled.

If a covered employee refuses to accept vocational rehabilitation services in accordance with an order of the Commission and the Commission determines the refusal to be unreasonable, payments under paragraph (1) of this subsection are forfeited for the period of refusal.

If a covered employee is required to live away from home in the course of receiving vocational rehabilitation services, the employer or its insurer shall pay to the covered employee money that:

The employer or insurer shall make payments for maintenance under paragraph (1) of this subsection in addition to the payment of compensation under subsection (b) of this section.

Except as provided in paragraph (2) of this subsection, a covered employee who resides at home during vocational rehabilitation training is not entitled to reimbursement of transportation costs to and from the place of vocational training.

In unusual cases the Commission may allow reasonable transportation costs.

at the time of the occurrence of the accidental personal injury that caused the death of the covered employee; or

on the date of disablement from the occupational disease that caused the death of the covered employee.

the surviving spouse deserts the covered employee for more than 1 year before the time of the occurrence of the accidental personal injury or the date of disablement from the occupational disease;

the surviving spouse deserts the covered employee at any time after the time of the occurrence of the accidental personal injury or the date of disablement from the occupational disease; or

the surviving spouse and the covered employee:

Except as provided in paragraph (2) of this subsection, an individual is not entitled to compensation due to the death of a covered employee from an occupational disease if the individual became dependent on the covered employee after the beginning of the 1st compensable disability of the covered employee resulting from the occupational disease.

The prohibition against compensation in paragraph (1) of this subsection does not apply to a child of the deceased covered employee born:

Except as provided in paragraph (2) of this subsection, the death benefit payable under this section shall equal two–thirds of the average weekly wage of the deceased covered employee, but may not:

If the average weekly wage of the deceased covered employee was less than $25 at the time of the accidental personal injury or the last injurious exposure to the hazards of the occupational disease, the weekly death benefit payable under this section shall equal the average weekly wage of the deceased covered employee.

for the period of total dependency; or

until $45,000 has been paid.

If a surviving spouse who is wholly dependent at the time of death becomes wholly self–supporting before $45,000 has been paid, the employer or its insurer shall continue to pay death benefits until $45,000 has been paid.

If a surviving spouse who is wholly dependent at the time of death becomes partly self–supporting, the employer or its insurer shall continue to make payments to the surviving spouse in accordance with § 9–682 of this subtitle.

Except as provided in paragraph (2) of this subsection, if a surviving spouse who is wholly dependent remarries, payment to the surviving spouse shall stop on the date of remarriage, even if $45,000 has not been paid.

If a surviving spouse who is wholly dependent remarries and does not have dependent children at the time of the remarriage, the employer or its insurer shall continue to make payments to the surviving spouse for 2 years after the date of the remarriage.

Except as provided in paragraphs (2) and (3) of this subsection, the employer or its insurer shall continue to make payments to, or for the benefit of, a surviving child until the child reaches 18 years of age.

The employer or its insurer shall continue to make payments to, or for the benefit of, a child who is 18 years old or older for the period of dependency if the child is:

The employer or its insurer shall continue to make payments to, or for the benefit of, a child who is 18 years old or older for up to 5 years after reaching the age of 18 if:

determine whether a surviving spouse or child has become wholly or partly self–supporting;

suspend or terminate payments of compensation; and

reinstate payments of compensation that have been suspended or terminated.

there are no individuals who were wholly dependent on the deceased covered employee at the time of death, but there are individuals who were partly dependent; or

a surviving spouse who was wholly dependent on the deceased covered employee at the time of death becomes partly self–supporting.

The maximum weekly death benefit payable under this section shall equal two–thirds of the average weekly wage of the deceased covered employee, but may not exceed two–thirds of the State average weekly wage.

The weekly death benefit payable under this section shall be the percentage of the maximum weekly death benefit under paragraph (1) of this subsection that:

for the period of partial dependency; or

until $75,000 has been paid, including any payments made during a period of total dependency under § 9–681 of this subtitle.

Subject to paragraph (2) of this subsection, if a surviving spouse who is partly dependent remarries and does not have dependent children at the time of the remarriage, the employer or its insurer shall make payments to the surviving spouse for 2 years after the date of the remarriage.

The total of the payments made before the remarriage may not exceed $75,000.

Except as provided in paragraphs (2) and (3) of this subsection, the employer or its insurer shall continue to make payments to, or for the benefit of, a surviving child until the child reaches 18 years of age.

If a child who is 18 years old or older remains partly dependent on the deceased covered employee, the employer or its insurer shall continue to make payments in accordance with subsections (c) and (d) of this section.

The employer or its insurer shall continue to make payments to, or for the benefit of, a child who is 18 years old or older for up to 5 years after reaching the age of 18 if:

award the death benefits to the wholly dependent individuals only; or

apportion the award among the wholly and partly dependent individuals in the manner that the Commission considers to be fair and equitable under all of the facts and circumstances of the case.

Death benefits shall be paid to 1 or more of the dependents of a covered employee who are entitled to death benefits, as determined by the Commission, for the benefit of all of the dependents who are entitled to death benefits.

A dependent to whom death benefits are paid shall apply the death benefits to the use of all of the dependents who are entitled to death benefits:

at the time of the occurrence of the accidental personal injury that caused the death of the covered employee; or

on the date of disablement from the occupational disease that caused the death of the covered employee.

the time of the occurrence of the accidental personal injury that caused the death of the covered employee;

the date of disablement from the occupational disease that caused the death of the covered employee; or

the death of the covered employee resulting from the accidental personal injury or occupational disease.

Beginning on the date of death of a deceased covered employee and continuing for a period of 144 months, the employer or its insurer shall pay death benefits, as calculated in this section, to the dependents of the deceased covered employee.

Except as otherwise provided in this subsection, death benefits shall be paid at the rate of two–thirds of the deceased covered employee’s average weekly wage at the time of the occurrence of the accidental personal injury that caused the death of the covered employee or on the date of the last injurious exposure of the covered employee to the hazards of the occupational disease that caused the death of the covered employee, not to exceed the State average weekly wage.

The average weekly wage of all dependents and the deceased covered employee’s average weekly wage shall be combined to determine the family income.

The deceased covered employee’s income shall be divided by the family income to determine the percent of the family income earned by the deceased covered employee.

The percent of the family income earned by the deceased covered employee shall be multiplied by the death benefit, as calculated in paragraph (2) of this subsection, to determine the amount payable, collectively, to all dependents.

If the average weekly wage of the deceased covered employee was less than $100 at the time of the occurrence of the accidental personal injury that caused the death of the covered employee or on the date of disablement from the occupational disease that caused the death of the covered employee, the weekly death benefit paid under this section shall equal the average weekly wage of the deceased covered employee up to $100 per week.

Death benefits shall be paid for a minimum of 5 years after the covered employee’s death.

Subject to subsections (e) through (i) of this section, provided that a minimum of 5 years of death benefits has been paid, death benefits shall terminate on the date that would have been the deceased covered employee’s 70th birthday.

the child is attending school on a full–time basis; and

the school offers an educational program or a vocational training program that is accredited or approved by the State Department of Education.

Except as provided in paragraph (2) of this subsection, all dependents who are neither a dependent spouse nor a dependent child shall be entitled to no more than a total of $65,000, collectively, as their portion of the total death benefits payable in accordance with subsection (c) of this section.

Beginning on January 1, 2012, the benefit limit under paragraph (1) of this subsection shall be adjusted annually by the same percent applicable to the adjustment of the State average weekly wage.

suspend, reallocate, or terminate payments of compensation in accordance with this part; and

reinstate payments of compensation that have been suspended or terminated under this section.

Death benefits shall be paid to 1 or more of the dependents of a covered employee who are entitled to death benefits, as determined by the Commission, for the benefit of all of the dependents who are entitled to death benefits.

A dependent to whom death benefits are paid shall apply the death benefits to the use of all of the dependents who are entitled to death benefits:

adopt an ordinance or resolution stating that it is the intent of the governing body to exercise the right of election; and

forward a copy of the ordinance or resolution to the Commission.

the consular officer shall have the right to receive all death benefits awarded to the dependent for distribution to the dependent; and

receipt of death benefits by the consular officer is a full discharge of the amounts paid to and received by the consular officer.

an accidental personal injury, within 7 years of the accidental personal injury; or

an occupational disease.

workers’ compensation benefits payable with respect to the deceased covered employee; or

personal assets of any person to whom workers’ compensation benefits are payable with respect to the deceased covered employee.