A provision of this subtitle may not be construed to change: a law relating to an accidental personal injury or an occupational disease, that occurred before the effective date of the provision and for which a claim is made under this title; or the payment basis in effect when an accidental personal injury or an occupational disease, for which a claim is made under this title, occurred.

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: when the covered employee is working full time; and at the time of: the accidental personal injury; or the last injurious exposure of the covered employee to the hazards of an occupational disease. For purposes of a computation under paragraph (1) of this subsection, wages shall include: tips; and the reasonable value of housing, lodging, meals, rent, and other similar advantages that the covered employee received from the employer. 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. For the purpose of computing the average weekly wage of an auxiliary police officer of Baltimore County who is a covered employee under § 9–220(a) of this title or a member of a volunteer ambulance, ambulance and rescue, or fire company in Baltimore County who is a covered employee under § 9–234 of this title, the wages of the covered employee shall be: 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. For the purpose of computing the average weekly wage of an individual engaged for fire fighting by the Department of Natural Resources who is a covered employee under § 9–207 of this title, the wages of the covered employee shall be: the greater of: any salary or wages received by the covered employee for fire fighting; or any salary or wages earned by the covered employee in other employment at the time of the accidental personal injury or last injurious exposure; or 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. For the purpose of computing the average weekly wage of a handicapped student who is a covered employee under § 9–228(a) of this title, the wages of the covered employee shall be the federal minimum wage that is in effect at the time of the accidental personal injury or last injurious exposure. For the purpose of computing the average weekly wage of a jockey who is a covered employee under § 9–212 of this title, the wages of the covered employee shall be all of the earnings that the jockey earns as a jockey, including those derived from outside the State. For the purpose of computing the average weekly wage of a member of the organized militia of the State who is a covered employee under § 9–215 of this title, the wages of the covered employee shall be the greater of: 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: 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 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: 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; 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 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. 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. For the purpose of computing the average weekly wage of a prisoner who is a covered employee under § 9–221 of this title, the wages of the covered employee shall be: 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. For the purpose of computing the average weekly wage of a covered employee whose wages from full–time employment are paid partly by an employer and partly by the United States under a federal veterans’ benefit law, the wages of the covered employee shall be the total amounts jointly paid to the covered employee when working full time. For the purpose of computing the average weekly wage of a volunteer deputy sheriff of Cecil County or an auxiliary volunteer of the Charles County Sheriff’s Office who is a covered employee under § 9–233 of this title, the wages of the covered employee shall be: 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. For the purpose of computing the average weekly wage of a juror who is a covered employee under § 9–213(a) of this title, the wages of the juror shall be the per diem received by the juror for jury duty. This subsection applies only to a covered employee who: has suffered: a serious permanent partial disability under § 9–630 of this subtitle; or a permanent total disability under § 9–637 of this subtitle; was concurrently employed by more than one employer at the time of the accidental personal injury; worked, on average, 20 hours per week or less in the employment in which the accidental personal injury occurred; and as a result of the accidental personal injury, is unable to work at any employment the covered employee was engaged in at the time of the accidental personal injury or any similar type of employment. If the covered employee earned weekly wages from another employment that exceeded the weekly wages the covered employee earned from the employment in which the accidental personal injury occurred, the average weekly wage of the covered employee shall be based on the weekly wages the covered employee earned in the other employment. If the covered employee earned weekly wages from two or more other employments and, for more than one of such employments, the weekly wages earned by the employee exceeded the weekly wages of the covered employee from the employment in which the accidental personal injury occurred, the average weekly wage of the covered employee shall be based on weekly wages of the employment where the employee earned the highest wages. This subsection may not be interpreted as: except as provided in §§ 9–630 and 9–637 of this subtitle, relieving from liability to pay compensation the employer in whose employment the accidental personal injury occurred; creating any liability to pay compensation on the part of another employer in whose employment the accidental personal injury did not occur; or requiring the weekly wages from the employments the employee was engaged in at the time of the accidental personal injury to be combined for purposes of computing the average weekly wage of the covered employee.

On or before December 15 of each year, the Maryland Department of Labor shall: determine the State average weekly wage as of July 1 of that year; and report the State average weekly wage to the Commission.

The Commission shall compute all compensation awarded under this title in accordance with the applicable schedule in this subtitle. In computing the rate of compensation, the Commission shall round off any fractional dollar of compensation to the next higher dollar.

If an employer or its insurer wholly or partly pays compensation, the payment bars recovery from the other of the amount paid.

In a claim involving a minor who is employed illegally under State law, the Commission may double the amount of compensation and death benefits authorized by this title. When the Commission awards double compensation or death benefits under subsection (a) of this section: 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. For purposes of this title, a certificate of the Commissioner of Labor and Industry is conclusive evidence of the legality of any employment of a minor.

The Commission may not award compensation to an incarcerated individual who is a covered employee under § 9–221 of this title until the incarcerated individual is discharged by pardon, parole, or expiration of sentence. If an incarcerated individual dies from an accidental personal injury, the dependents of the incarcerated individual are entitled to compensation under this title, based on the average weekly wage of the incarcerated individual.

The Commission shall determine the percentage that an occupational disease contributed to the death or disability of a covered employee when: 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: the number of weekly or monthly payments; or the amount of the payments.

If a covered employee or the dependents of a covered employee receive compensation or damages under the law of another state, this title may not be construed to allow a total compensation for the same accidental personal injury or occupational disease that is greater than the total compensation provided under this title.

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: determine whether any benefit provided by the employer is equal to or greater than any benefit provided for in this title; and make an award against the employer or the Subsequent Injury Fund or both to provide an additional benefit that equals the difference between the benefit provided by the employer and the benefits required by this title. A claim that comes under this section is subject to the continuing powers and jurisdiction of the Commission.

The Workers’ Compensation Commission may order an offset or credit against an award for permanent partial disability benefits for: any vocational rehabilitation benefits previously provided to a covered employee; or any temporary total disability benefits previously paid to a covered employee.

An abated award of compensation for disability or death due to an occupational disease is subject to an assessment under § 9-1008 of this title.

A covered employee who is temporarily partially disabled due to an accidental personal injury or an occupational disease shall be paid compensation in accordance with this Part II of this subtitle.

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 average weekly wage of the covered employee; and the wage earning capacity of the covered employee in the same or other employment while temporarily partially disabled. The compensation payable under paragraph (1) of this subsection may not exceed 50% of the State average weekly wage. The employer or its insurer shall pay the weekly compensation for the period that the covered employee is temporarily partially disabled.

A covered employee who is temporarily totally disabled due to an accidental personal injury or an occupational disease shall be paid compensation in accordance with this Part III of this subtitle.

This Part III of this subtitle does not affect or change the law applicable to: an accidental personal injury or occupational disease that occurred before the provisions of this Part III of this subtitle became effective; or an individual eligible for benefits as the result of accidental personal injury or occupational disease that occurred when a different rate or percentage payment basis was in effect.

If a temporary total disability lasts for 14 days or less, compensation may not be allowed for 3 calendar days after the beginning of the disability except for payments for hospital, nursing, or other medical services, funeral expenses, or medicine. If the covered employee was not paid for the day on which the accidental personal injury or occupational disease occurred, the Commission shall count that day as 1 of the 3 days in the waiting period under subsection (a) of this section. If a temporary total disability lasts for more than 14 days, compensation shall be allowed from the day of disability.

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: does not exceed the average weekly wage of the State; and is not less than $50. 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. The employer or its insurer shall pay the compensation for the period that the covered employee is temporarily totally disabled.

If, under an initial claim filed on or after January 1, 1988, temporary total disability benefits are reopened under § 9-736(b) of this title, 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: does not exceed the lesser of: the average weekly wage of the State on the date of reopening; or 150% of the initial award; and is not less than the initial award. The employer or its insurer shall pay the compensation for the period that the covered employee is temporarily totally disabled.

A covered employee who is permanently partially disabled due to an accidental personal injury or an occupational disease shall be paid compensation in accordance with this Part IV of this subtitle.

Except as provided in subsection (b) of this section, a covered employee who is entitled to compensation under this subtitle for a permanent partial disability shall receive minimum weekly compensation of $50. If the covered employee has an average weekly wage of less than $50 at the time of the accidental personal injury or the last injurious exposure to the hazards of the occupational disease, the covered employee shall receive minimum compensation that equals the average weekly wage of the covered employee.

If a covered employee is entitled to compensation for a permanent partial disability under this Part IV of this subtitle, the employer or its insurer shall pay the covered employee compensation for the period stated in this section. Compensation shall be paid for the period listed for the loss of the following: 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: may be apportioned to the loss of use of the hand or foot caused by the loss or loss of use of the digits or phalanxes; but may not exceed the compensation for the loss of a hand or foot. Compensation shall be paid for the period listed for the loss of the following: 1 of the toes other than the great toe, 10 weeks; a hand, 250 weeks; an arm, 300 weeks; a foot, 250 weeks; a leg, 300 weeks; and an eye, 250 weeks. Compensation shall be paid for the period listed for: the total loss of hearing of 1 ear, 125 weeks; and the total loss of hearing of both ears, 250 weeks. Compensation shall be paid for a perforated nasal septum for 20 weeks. The permanent loss of use of a hand, arm, foot, leg, or eye shall be considered equivalent to the loss of the hand, arm, foot, leg, or eye. 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. When there has been an amputation or the loss of use of a part of any member of the body listed in this section for which compensation is not specifically provided in this section, the Commission shall award compensation for the proportion of the total number of weeks allowed for the amputation or loss of use of the entire member that the amputated or affected portion bears to the entire member. 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: the nature of the physical disability; and the age, experience, occupation, and training of the employee when the accidental personal injury or occupational disease occurred. 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 nature of the physical disability; and the age, experience, occupation, and training of the disabled covered employee when the accidental personal injury or occupational disease occurred. 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.

In this section, “public safety employee” means: a firefighter, fire fighting instructor, or paramedic employed by: a municipal corporation; a county; the State; the State Airport Authority; or a fire control district; 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 municipal corporation; a county; the State; the State Airport Authority; or a fire control district; a police officer employed by: a municipal corporation; a county; the State; the State Airport Authority; the Maryland–National Capital Park and Planning Commission; or the Washington Metropolitan Area Transit Authority; 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: courthouse security; prisoner transportation; service of warrants; personnel management; or other administrative duties; 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. Except as provided in subsections (g) and (h) of this section, if a covered employee is awarded compensation for less than 75 weeks in a claim arising from events occurring on or after January 1, 1988, the employer or its insurer shall pay the covered employee compensation that equals one–third of the average weekly wage of the covered employee but does not exceed $80. Except as provided in subsections (g) and (h) of this section, if a covered employee is awarded compensation for less than 75 weeks in a claim arising from events occurring on or after January 1, 1989, the employer or its insurer shall pay the covered employee compensation that equals one–third of the average weekly wage of the covered employee but does not exceed $82.50. Except as provided in subsections (g) and (h) of this section, if a covered employee is awarded compensation for less than 75 weeks in a claim arising from events occurring on or after January 1, 1993, the employer or its insurer shall pay the covered employee compensation that equals one–third of the average weekly wage of the covered employee but does not exceed $94.20. Except as provided in subsections (g) and (h) of this section, if a covered employee is awarded compensation for less than 75 weeks in a claim arising from events occurring on or after January 1, 2000, the employer or its insurer shall pay the covered employee compensation that equals one–third of the average weekly wage of the covered employee but does not exceed $114. Except as provided in subsections (g) and (h) of this section, if a covered employee is awarded compensation for less than 75 weeks, the employer or its insurer shall pay to the covered employee compensation that equals one–third of the average weekly wage of the covered employee but does not exceed: 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. If a covered employee is awarded compensation for less than 75 weeks for a disability listed in § 9–627(b) of this subtitle, the employer or its insurer shall pay the covered employee weekly compensation at the rate set for an award of compensation for a period greater than or equal to 75 weeks but less than 250 weeks under § 9–629 of this subtitle. If a public safety employee is awarded compensation for less than 75 weeks, the employer or its insurer shall pay the public safety employee compensation at the rate set for an award of compensation for a period greater than or equal to 75 weeks but less than 250 weeks under § 9–629 of this subtitle.

If a covered employee is awarded compensation for a period equal to or greater than 75 weeks but less than 250 weeks, the employer or its insurer shall pay the covered employee weekly compensation that equals two-thirds of the average weekly wage of the covered employee but does not exceed one-third 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: the Commission shall increase the award or awards by one-third the number of weeks in the award or awards, computed to the nearest whole number; and the employer or its insurer shall pay the covered employee weekly compensation that equals two-thirds of the average weekly wage of the covered employee, but does not exceed 75% of the State average weekly wage. 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. If a covered employee receives additional compensation for a disability on a petition to reopen for serious disability, the additional compensation may not increase the amount of compensation previously awarded and paid.

Compensation for a permanent partial disability under this Part IV of this subtitle shall be paid in addition to and consecutively with compensation for a temporary total disability under Part III of this subtitle.

This section does not apply to compensation paid under Title 10, Subtitle 2 of this article. 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 IV of this subtitle and unpaid on the date of death survives in accordance with this section. If there are surviving dependents of the covered employee, the right to compensation survives to the surviving dependents as the Commission may determine. 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 to compensation survives jointly to: the surviving spouse of the covered employee; and the surviving minor children of the covered employee. 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.

If an award of permanent partial disability compensation is reversed or modified by a court on appeal, the payment of any new compensation awarded shall be: subject to a credit for compensation previously awarded and paid; and otherwise made in accordance with this Part IV of this subtitle.

A covered employee who is permanently totally disabled due to an accidental personal injury or an occupational disease shall be paid compensation in accordance with this Part V of this subtitle.

Except as provided in subsection (b) of this section, a permanent total disability shall be determined in accordance with the facts in each case. Absent conclusive proof to the contrary, the loss or loss of use of any of the following constitutes a permanent total disability: both arms; both eyes; both feet; both hands; both legs; or a combination of any 2 of the following: an arm; an eye; a foot; a hand; and a leg.

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: exceed the State average weekly wage; or be less than $25. 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. Notwithstanding the $45,000 limitation in subsection (a)(3) of this section, the employer or its insurer shall pay the benefit for the period that the covered employee is permanently totally disabled. 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: is entitled to compensation for claims arising from events occurring after January 1, 1988; or is entitled to compensation from the Chesapeake Employers’ Insurance Company, as successor to the Injured Workers’ Insurance Fund, for claims arising from events occurring on or before January 1, 1988; and was not an employee of a county or municipal corporation when the claim was filed. Compensation paid to a covered employee under this Part V of this subtitle is subject to an annual cost of living adjustment. On or before June 30 of each year, the Department of Commerce shall determine and report to the Commission the rate of change in the Consumer Price Index in the preceding calendar year, using as the Consumer Price Index the lower of: 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%. The compensation payable to a covered employee under this Part V of this subtitle shall be adjusted by: 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.

This section applies to: a nongovernmental unit that employs at least one covered employee; a county; and a municipal corporation. A covered employee under this section means an individual who: 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. Compensation paid to a covered employee under this Part V of this subtitle is subject to an annual cost of living adjustment if the employer, county, or municipal corporation chooses to provide an adjustment. On or before June 30 of each year, the Department of Commerce shall determine and report to the Commission the rate of change in the Consumer Price Index in the preceding calendar year, using as the Consumer Price Index the lower of: 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 compensation payable to a covered employee under this Part V of this subtitle may be adjusted by: 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.

Compensation for a permanent total disability under this Part V of this subtitle shall be paid in addition to and consecutively with compensation for a temporary total disability under Part III of this subtitle.

This section does not apply to compensation paid under Title 10, Subtitle 2 of this article. 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 § 9–638 of this Part V of this subtitle. If there are surviving dependents of the covered employee, the right to compensation survives to the surviving dependents as the Commission may determine. 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: the surviving spouse of the covered employee; or the surviving spouse and the surviving minor children of the covered employee. 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.

A covered employee who has a hernia resulting from an accidental personal injury or a strain shall be paid compensation in accordance with this Part VI of this subtitle.

Whenever practicable, a femoral, inguinal, or other hernia proven to be the result of an accidental personal injury or strain in accordance with § 9-504 of this title shall be treated by surgery. 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. If a special examination shows that a covered employee who suffered from a compensable hernia and underwent surgery has a permanent partial, permanent total, or temporary total disability resulting from the operation, the employer or its insurer shall pay the covered employee compensation for a permanent partial, permanent total, or temporary total disability in accordance with the applicable part of this subtitle. If a covered employee who suffered a compensable hernia dies as a result of surgery, the death shall be considered death as a result of the accidental personal injury or strain that caused the hernia and the employer or its insurer shall provide death benefits in accordance with Part XII of this subtitle.

If a covered employee who suffers from a compensable hernia refuses to undergo surgery to cure the hernia, the employer or its insurer shall pay the covered employee compensation for 7.5 weeks. 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. Payment of compensation under this section is in place of all other benefits for or on account of disability or death that resulted or is alleged to have resulted from the hernia.

This section does not apply to compensation paid under Title 10, Subtitle 2 of this article. 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 VI of this subtitle and unpaid on the date of death survives in accordance with this section. If there are surviving dependents of the covered employee, the right to compensation survives to the surviving dependents as the Commission may determine. 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 to compensation survives jointly to: the surviving spouse of the covered employee; and the surviving minor children of the covered employee. 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.

A covered employee who suffers from occupational deafness shall be paid compensation in accordance with this Part VII of this subtitle.

Hearing loss shall be measured by audiometric instrumentation that meets the following criteria: ANSI 3.6–1996; ANSI S3.43–1992; and ANSI 3.39–1987 or any ANSI standard that supersedes the previous calibration or measurement 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: adding together the lowest measured losses in each of the 5 frequencies; and dividing the total by 5. 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. The binaural percentage of hearing loss shall be determined by: 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. In determining a workers’ compensation claim for noise–related hearing loss, audiologic data shall use both bone conduction and air conduction results. If a conductive loss is present, the bone conduction thresholds for each ear, rather than the air conduction levels, shall be used to calculate a claimant’s average hearing loss.

Except as provided in subsection (b) of this section, an employer is liable for the full extent of the occupational deafness of a covered employee if: 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. An employer is liable only for the part of the deafness attributable to the employment by the employer if the employer establishes by competent evidence, including the results of a professionally controlled hearing test, the extent of the deafness of the covered employee that existed before exposure to harmful noise in the employment of the employer.

In a proceeding for compensation on the claim of a covered employee, an employer who is liable for the full extent of the occupational deafness of the covered employee may implead any other employer in whose employment the covered employee was exposed to harmful noise. To implead another employer, the employer shall give to the impleaded employer and to the Commission notice on the form that the Commission requires. 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: is against the impleaded employer; and may be enforced in the same manner as an award in favor of a covered employee. 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.

This Part VIII of this subtitle does not apply to: a temporary partial disability; a temporary total disability; or a disability where the combined effects resulting from a previous impairment that meets the requirements of § 9-802(b)(1) of this title and a subsequent accidental personal injury or occupational disease result in a permanent disability exceeding 50% of the body as a whole.

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: 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. The covered employee: 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.

When entering into a contract of employment, an individual who has suffered the loss or loss of use of a hand, arm, foot, leg, or eye may waive any right to compensation to which the covered employee would be entitled because of the existing permanent partial disability in the event of a subsequent accidental personal injury or occupational disease. For a waiver under subsection (a) of this section to be effective, the waiver shall: 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: with knowledge of its contents; and before the occurrence of an accidental personal injury or occupational disease on which a claim is based. If a covered employee who has executed a waiver in accordance with this section suffers an additional accidental personal injury or occupational disease, the covered employee is entitled to compensation for a disability resulting solely from the additional injury or occupational disease.

In addition to the compensation provided under this subtitle, if a covered employee has suffered an accidental personal injury, compensable hernia, or occupational disease the employer or its insurer promptly shall provide to the covered employee, as the Commission may require: 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. The employer or its insurer shall provide the medical services and treatment required under subsection (a) of this section for the period required by the nature of the accidental personal injury, compensable hernia, or occupational disease. Except as provided in § 9–736(b) and (c) of this title, any award or order of the Commission under this section may not be construed to: 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: medical service or treatment was provided to a covered employee; the claim for compensation was accepted by the employer or the employer’s insurer; or the claim for compensation was determined by the Commission to be compensable. 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 provider files an application for payment with the Commission within 3 years from the later of the date: medical service or treatment was provided to the covered employee; the claim for compensation was accepted by the employer or the employer’s insurer; or the claim for compensation was determined by the Commission to be compensable; and the Commission excuses the untimely submission for good cause.

The employer or its insurer shall repair or replace an artificial eye, limb, tooth or other prosthetic appliance or eyeglasses damaged or destroyed because of an accident during the course of employment. If the employer or its insurer fails to make a repair or replacement required under subsection (a) of this section, the covered employee may make the repair or replacement at the expense of the employer or its insurer. If the employer or its insurer fails to make a repair or replacement required under subsection (a) of this section within 3 days after the damage or destruction occurs, the Commission may order the employer or its insurer to pay compensation to the covered employee for any lost time after the 3-day waiting period.

If the Chairman of the Commission finds or has reasonable cause to believe that a physician or health care provider has a pattern of providing excessive appliances, medicine, services, or treatment, the Chairman shall refer the case to the State Board of Physicians or the appropriate board of review of the health care provider to determine if the physician or health care provider provided excessive appliances, medicine, services, or treatment.

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 provision of medicine and medical, nursing, and hospital services to a covered employee; payment for the medicine and services; and the exercise by the Chairman of the Commission of the powers granted under § 9-662 of this subtitle. 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: review its guide of medical and surgical fees for completeness and reasonableness; and make appropriate revisions to the guide of medical and surgical fees.

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: is due and payable; and remains unpaid more than 45 days after notice of the payment due has been mailed. Interest shall accrue beginning on the 46th day after the later of: the day the payment becomes due; or the day the notice of the payment due is mailed.

In addition to any other compensation paid to a covered employee entitled to compensation under this title, the employer or its insurer shall reimburse the covered employee for lost wages due to time spent: being examined by a physician or other examiner at the request of the employer or its insurer; and attending and traveling to and from a Commission hearing scheduled as a result of a continuance caused by action of the employer or its insurer.

In this Part XI of this subtitle the following words have the meanings indicated. “Disabled” means rendered unable as the result of an accidental personal injury or an occupational disease to perform work for which the person was previously qualified. “Suitable gainful employment” means employment, including self-employment, that restores the disabled covered employee, to the extent possible, to the level of support at the time of: if an accidental personal injury, the accidental personal injury; or if an occupational disease, disablement from the occupational disease. “Vocational assessment” means: 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: coordination of medical services; vocational assessment; vocational evaluation; vocational counseling; vocational rehabilitation plan development; vocational rehabilitation plan monitoring; vocational rehabilitation training; job development; and job placement.

If required by the Commission, an individual who provides vocational rehabilitation services under this title in the State shall register with the Commission as provided in Subtitle 6A of this title. An individual who is required under subsection (a) of this section shall register on the form required by the Commission. An individual who fails to register with the Commission under subsection (a) of this section may not receive payment for providing vocational rehabilitation services.

A disabled covered employee is entitled to vocational rehabilitation services.

The Commission shall: 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: a vocational assessment; and recommendations for vocational rehabilitation services reasonably necessary to return the disabled covered employee to suitable gainful employment. In determining whether employment is suitable gainful employment, consideration shall be given to: 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. On receipt of a vocational rehabilitation plan, the Commission promptly shall give written notice of the contents of the plan to each party. 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: wholly or partly accept or reject the vocational rehabilitation plan; and pass an appropriate order about vocational rehabilitation of the covered employee.

The employer or its insurer shall pay the expenses of the vocational assessment and vocational rehabilitation services of a covered employee. 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: is sufficient to maintain the covered employee while the covered employee receives vocational rehabilitation services; but does not exceed $40 a week. 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. For the purposes of this section, vocational rehabilitation training may not last for more than 24 months.

When a covered employee has received temporary total disability benefits continuously for 6 months, the insurer or self-insurer shall submit to the Commission a vocational rehabilitation progress report on the form that the Commission requires. After submitting a report under subsection (a) of this section, the insurer or self-insurer shall submit further vocational rehabilitation progress reports to the Commission every 120 days or sooner as requested by the Commission. If the Commission finds that an insurer or self-insurer has failed to submit a report within the time period required by this section, the Commission may impose a fine not exceeding $500 on the insurer or self-insurer.

A dependent of a covered employee who is entitled to compensation for the death of the covered employee resulting from an accidental personal injury or occupational disease shall be paid compensation in accordance with this Part XII of this subtitle.

This section applies only to a covered employee of a municipal corporation or a county who is subject to § 9–503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9–683.6 of this subtitle. If there are individuals who were wholly dependent on a deceased covered employee at the time of death resulting from an accidental personal injury or occupational disease, the employer or its insurer shall pay death benefits in accordance with this section. 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: exceed the State average weekly wage; or be less than $25. 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. Except as otherwise provided in this section, the employer or its insurer shall pay the weekly death benefit: for the period of total dependency; or until $45,000 has been paid. If a surviving spouse who was wholly dependent at the time of death continues to be wholly dependent after $45,000 has been paid, the employer or its insurer shall continue to make payments to the surviving spouse at the same weekly rate during the total dependency of the surviving spouse. 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. If a surviving child continues to be wholly dependent after the total amount of $45,000 has been paid, the employer or its insurer shall continue to make payments at the same weekly rate during the total dependency of the surviving child. Except as provided in subsection (j) of this section, if a child who is wholly dependent at the time of death becomes wholly or partly self–supporting, the employer or its insurer shall continue to pay death benefits until $45,000 has been paid. 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: wholly dependent on the deceased covered employee; and incapable of self–support because of mental or physical disability or other sufficient reason as determined by the Commission. 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: 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. The Commission has continuing jurisdiction to: 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.

This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9–503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9–683.6 of this subtitle. If there are individuals who were dependent on a deceased covered employee at the time of death resulting from an accidental personal injury or occupational disease, the employer or its insurer shall pay death benefits in accordance with this section. 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. Notwithstanding the time limitations under subsections (c) and (d) of this section, if a dependent spouse or dependent child is incapable of self–support because of a mental or physical disability that preexisted the covered employee’s death, death benefits shall continue for the duration of the dependent’s disability. If a dependent spouse remarries, death benefits shall terminate 2 years after the date of remarriage. The employer or its insurer shall continue to make payments to or for the benefit of a dependent 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 dependent child for up to 5 years after the child reaches 18 years of age if: 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.

A municipal corporation or county may make a one–time election to make their covered employees who are subject to § 9–503 of this title and their dependents subject to §§ 9–683.1 through 9–683.5 of this subtitle. To make the election described under subsection (a) of this section, the governing body of the municipal corporation or county shall: 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. On receipt of a copy of the resolution, the Commission shall acknowledge receipt of the ordinance or resolution to the municipal corporation or county. Once the Commission has acknowledged receipt of the ordinance or resolution, any workers’ compensation case arising on or after the date of acknowledgement and involving a covered employee of the municipal corporation or county who is subject to § 9–503 of this title and the dependents of the covered employee shall be subject to §§ 9–683.1 through 9–683.5 of this subtitle.

If there are no dependents, the liability of an employer or its insurer shall be limited to: medical services or treatment under Part IX of this subtitle; funeral benefits under Part XIII of this subtitle; and assessments under § 9-1008 of this title.

If a dependent of a covered employee dies, the right to any death benefit that is payable to the dependent and unpaid on the date of death of the dependent: shall survive and be vested in the surviving dependents of the covered employee, as determined by the Commission; and if there are no surviving dependents of the covered employee, shall not survive.

A dependent of a covered employee who is a nonresident alien may be officially represented by a consular officer of the nation of which the dependent is a citizen or subject. If a consular officer represents a nonresident alien dependent: 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.

The employer or its insurer shall pay reasonable funeral expenses of a deceased covered employee, not exceeding $7,000, if the covered employee died as a result of: an accidental personal injury, within 7 years of the accidental personal injury; or an occupational disease. Unless approved by the Commission, a bill for funeral expenses of more than $7,000 is void and uncollectable out of: 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. If there are no dependents, the employer or its insurer shall pay the expenses of the last sickness and funeral expenses of the covered employee.