When a covered employee has a permanent impairment, suffers a subsequent accidental personal injury, occupational disease, or compensable hernia resulting in permanent partial or permanent total disability, and otherwise meets the requirements of this subtitle, it is the intent of this subtitle that the total compensation to which the covered employee is entitled equals the amount of compensation that would be payable for the combined effects of: the previous impairment; and the subsequent accidental personal injury, occupational disease, or compensable hernia.

If a covered employee has a permanent impairment and suffers a subsequent accidental personal injury, occupational disease, or compensable hernia resulting in permanent partial or permanent total disability that is substantially greater due to the combined effects of the previous impairment and the subsequent compensable event than it would have been from the subsequent compensable event alone, the employer or its insurer is liable only for the compensation payable under this title for the subsequent accidental personal injury, occupational disease, or compensable hernia. In addition to the compensation for which an employer or its insurer is liable, the covered employee is entitled to compensation from the Subsequent Injury Fund if: the covered employee has a permanent impairment due to a previous accident, disease, or congenital condition that is or is likely to be a hindrance or obstacle to the employment of the covered employee; the covered employee suffers a subsequent compensable accidental personal injury, occupational disease, or compensable hernia resulting in permanent partial or permanent total disability that is substantially greater due to the combined effects of the previous impairment and the subsequent compensable event than it would have been from the subsequent compensable event alone; the combined effects of the previous impairment and the subsequent accidental personal injury, occupational disease, or compensable hernia result in a permanent disability exceeding 50% of the body as a whole; and the previous impairment, as determined by the Commission at the time of the subsequent compensable event, and the subsequent accidental personal injury, occupational disease, or compensable hernia are each compensable for at least 125 weeks. Compensation from the Subsequent Injury Fund shall be paid after the completion of payments of compensation by the employer or its insurer.

If a covered employee who has a permanent impairment due to a previous accident, disease, or congenital condition that is or is likely to be a hindrance or obstacle to the employment of the covered employee dies due in part to the previous impairment and in part to a subsequent accidental personal injury, occupational disease, or compensable hernia, the Commission shall determine the portion of death that is reasonably attributable to: the previous impairment; and the subsequent accidental personal injury, occupational disease, or compensable hernia. The employer or its insurer is liable for the compensation payable for the portion of the death of the covered employee that is reasonably attributable to the subsequent accidental personal injury, occupational disease, or compensable hernia. The Subsequent Injury Fund is liable for the remainder of the compensation payable as in cases of death resulting solely from an accidental personal injury, occupational disease, or compensable hernia.

In an award against the Subsequent Injury Fund, the Commission shall find specifically: the amount of the weekly payments to the covered employee; the number of weeks of compensation to be paid; the date when the Subsequent Injury Fund shall begin payments; and if possible, the period for which payments are to continue. When the Commission makes an award against the Subsequent Injury Fund, if the prior permanent disability contributes to the covered employee’s current permanent disability, the Commission shall deduct from the award the amount of all prior permanent disability payments received by the covered employee under: each prior award for permanent disability made by the Commission or a similar unit in another state; or any prior final compromise and settlement agreement approved by the Commission or a similar unit in another state. In the case of a permanent total disability under Subtitle 6, Part V of this title, the deduction shall be made by reducing the weekly rate of compensation in accordance with § 9-729 of this title until the amount of the prior permanent disability payments awarded would have been paid if they had been paid in weekly payments.

A waiver executed under § 9-657 of this title by a covered employee who previously has lost or lost the use of a hand, arm, foot, leg, or eye is not a bar to benefits under this subtitle if the covered employee becomes permanently and totally disabled because of the loss or loss of use of a hand, arm, foot, leg, or eye due to an accidental personal injury, occupational disease, or compensable hernia.

The Commission shall impose an assessment of 6.5%, payable to the Subsequent Injury Fund, on: each award against an employer or its insurer for permanent disability or death, including awards for disfigurement and mutilation; except as provided in paragraph (2) of this subsection, each amount payable by an employer or its insurer under a settlement agreement approved by the Commission; and each amount payable under item (i) or (ii) of this paragraph by the Property and Casualty Guaranty Corporation on behalf of an insolvent insurer. The amount of medical benefits specified in a formal set–aside allocation that is part of an approved settlement agreement shall be excluded from the assessment imposed by the Commission under paragraph (1)(ii) of this subsection if: the amount of medical benefits is in excess of $50,000; and the payment of medical benefits by the employer or its insurer is directly to an authorized insurer that provides periodic payments to the covered employee pursuant to a single premium annuity; or the amount of medical benefits is in any amount; and the payment of medical benefits by the employer or its insurer is to an independent third–party administrator that controls and pays the medical services in accordance with the formal set–aside allocation, provided there is no reversionary interest to the covered employee or the covered employee’s beneficiaries. On or before July 1, 2014, and on or before July 1 each year thereafter, an employer or its insurer that is liable for payment of an assessment imposed under this section shall notify the Subsequent Injury Fund of the current billing address to which notices of payment shall be sent. An employer or its insurer that has provided notice under subparagraph (i) of this paragraph shall notify the Subsequent Injury Fund of any change of billing address within 30 days of the change of address. In computing the amount of an assessment, the Commission shall round off any fractional dollar to the nearest whole dollar. Payment of an assessment under this section is in addition to any payment of compensation to a covered employee who has sustained an accidental personal injury, occupational disease, or compensable hernia or a dependent of the covered employee, as provided in this title. The Director of the Subsequent Injury Fund promptly shall remit to the State Treasurer each payment of assessment received by the Subsequent Injury Fund. The State Treasurer shall hold, manage, and disburse the money in accordance with Title 10, Subtitle 2 of this article. The assessment imposed under this section is for payment of claims submitted to the Subsequent Injury Fund and is not a tax intended to benefit the State.

In any case involving payment from the Subsequent Injury Fund, the Commission or any party in interest shall: give written notice to the State Treasurer or the attorney for the Subsequent Injury Fund that the Subsequent Injury Fund is or may be involved in the case; and implead the Fund, in writing, as a party. The Subsequent Injury Fund may be impleaded at any stage of the proceedings: before the Commission; or on appeal. If the Subsequent Injury Fund is impleaded on appeal before a circuit court or the Appellate Court of Maryland, the court: as to an impleader filed at least 60 days before the scheduled trial in the circuit court or at least 60 days before the hearing in the Appellate Court of Maryland, shall: suspend further proceedings; and remand the case to the Commission for further proceedings to give the Subsequent Injury Fund an opportunity to defend against the claim; and as to an impleader filed less than 60 days before the trial in the circuit court or less than 60 days before the hearing in the Appellate Court of Maryland, may for good cause shown: suspend further proceedings; and remand the case to the Commission for further proceedings to give the Subsequent Injury Fund an opportunity to defend against the claim.

When an award is made against the Subsequent Injury Fund, the Subsequent Injury Fund may appeal the decision in accordance with Subtitle 7 of this title.