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§
9-602. Average weekly wage.
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(a)
Computation - In general.- |
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the average weekly
wage of a covered employee shall be computed by determining the
average of the weekly wages of the covered employee:
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(i)
when the covered employee is working full time; and
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1. the
accidental personal injury; or |
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2. the
last injurious exposure of the covered employee to the hazards
of an occupational disease. |
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(2) For
purposes of a computation under paragraph (1) of this
subsection, wages shall include: |
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(ii)
the reasonable value of housing, lodging, meals, rent, and other
similar advantages that the covered employee received from the
employer. |
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(3) 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. |
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(b)
Baltimore County - Auxiliary police officer or member of
volunteer fire company.- 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: |
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(1) 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; |
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(2) 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 |
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(3) 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. |
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(c)
Fire fighters - Department of Natural Resources.- 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: |
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(i) any
salary or wages received by the covered employee for fire
fighting; or |
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(ii)
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 |
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(2) 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.
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(d)
Handicapped student.- 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. |
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(e)
Jockey.- 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. |
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(f)
Member of organized militia.- 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:
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(1) the
wage provided for active duty in § 13-704(b) of the Public
Safety Article; or |
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(2) the
actual wages earned by the covered employee in employment in the
National Guard. |
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(g)
Member of volunteer fire or rescue company.- 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: |
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(1) 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 |
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(2) 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: |
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(i) 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; |
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(ii) 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 |
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(iii)
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. |
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(h)
Prisoner.- 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:
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(1) the
wages paid to the prisoner by the county; and |
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(2) 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.
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(i)
Recipient under federal veterans' benefit law.- 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. |
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(j)
Volunteer deputy sheriff of Cecil County.- For the purpose
of computing the average weekly wage of a volunteer deputy
sheriff of Cecil County who is a covered employee under § 9-233
of this title, the wages of the covered employee shall be:
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(1) 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; |
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(2) 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 |
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(3) 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.
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(k)
Juror.- 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. |
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(l)
Covered employees with more than one employer.-
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(1)
This subsection applies only to a covered employee who:
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1. a
serious permanent partial disability under § 9-630 of this
subtitle; or |
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2. a
permanent total disability under § 9-637 of this subtitle;
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(ii)
was concurrently employed by more than one employer at the time
of the accidental personal injury; |
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(iii)
worked, on average, 20 hours per week or less in the employment
in which the accidental personal injury occurred; and
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(iv) 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. |
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(2) (i)
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. |
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(ii) 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. |
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(3)
This subsection may not be interpreted as: |
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(i)
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;
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(ii)
creating any liability to pay compensation on the part of
another employer in whose employment the accidental personal
injury did not occur; or |
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(iii)
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.
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