The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1912-05-17
PUBLIC GENERAL LAWS, 1912.
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the course w employment which re
suits i'm personal injury OH death, IA
accordance with the provisions oI ILLS
act. and that in consideration OF sucn
insurance tile employer shall ne re-
lieyed from the consequences OI acts
or omissions by reason ot winch ~
would without such contract become
liable toward such emplOye or toward
the legal representative, widow, Wild
over. or next of kin OF such employee
SEC. 2. Such insurance shall be
erected in some casualty company
organized under the yaWs or the state
of Maryland OF admitted to do busl-
ness in this State, provided that any
employer employing not less than
fifteen hundred (15U0) employees MAJ
establish an insurance fund from Sims
contributed by himself and his en-
ployes upon condition that he under
take and agree to make up any deli
ciencv i'm insurance benefits that may
arise out of the inadequacy or sucn
FIND. Such funds shall be inviolaDly
apDropriated al a trust fund for the
purposes of such insurance and shall
not be invested otherwise. Provision
shall be made for the election by the
insured employees of an advisory com
mittee. which shall be- kept informed
regarding the state Of the insurance
fund, and shall have the right TO eX-
anime the books kept in connection
Herewith. Such books shall also De
subject to the inspection Of the Insur-
ance Commissioner or this State in the
same manner as books of insurance
companies doing business 10 this State.
Upon the request Of the employer OF
upon the request OF the advisory com
mittee. the Insurance Commissioner
shall act as depositary of the securi-
ties in which such funds may be IN
vested.
III an employer desires to discon-
tinue an insurance fund maintained by
him, or If he discontinues his business
without transferring the same TO
successor or assign, taking over ann
agreeing to maintain such funds, o.
shall notify the Insurance Commits
sioner or his purpose, who shall there
upon supervise the disposition or the
insurance fund. Such funds shall De
distributed among those equitably en-
titled To 1t according to their contrl-
button (nOt taking into consideration
expenses of the management, ana
where those entitled to any part 81
the fund can not be discovered or as
certained, the moneys remaining I'M
claimed shall b. paid into the Insnr-
ance Department, to be held and dls-
posed OF as may be provided by law.
The Insurance Commissioner shall
be entitled to BE- paid out Of such
fund the reasonable expenses Of his
supervision, including compensation
not to exceed ten dollars per day for
the time of any person OF persons
(other than a salaried employee Of
his office) employed by him for the
purpose of such supervision neces-
sarily spent i'm connection Herewith.
Compensation Regardless .of NegIi-
gence.
SEC. 3. Such insurance shall cover
the risk Of personal injury by accident
arising out OF and in course OF the
employment resulting i'm death, pro-
vided death occur within twelve
months from the time Of such injury.
Or resulting in disability, whether the
same be total or partial, permanent
or temporary. But no one shall be-
entitled to any benefit hereunder
where the injury Is the result or the
employees intoxication, or Wilful or
deliberate act or deliberate intention
to produce such injury.
SEC. A. The insurance In case or
death shall be for the benefit of such
persons being the widow, widoWer,
father, mother son or daughter, as
are dependent wholly or In part for
their support upon the earnings Of
such employee (all of which persons
are hereinafter designated as depend
ents OF such employee), or OF such
of them as may be named i'm the con-
tract or policy to which it refers and
the person for whose benefit such in
surance Is made should be bound by
the agreement authorized by the first
section of this act.
Sec. 5. Tn order to satisfy the re-
quirements OF this act, the benefits
payamle under such insurance shall be
at least as follows:
Cd In case of death:
(a) Ii the employee insures for the
benefit of any dependent wholly de-
pendent upon his wages at the time IF
his death, sum equal to his wages
nthe Employment OF said employer
during period of three years next
preceding the accident, but not less
in any case than the sum of one thou
sand dollars; provided that, the
aomunt of any weekly payments made
under such insurance or any lump
sum paid in redemption thereof, may
be deducted from such sum; and IL
the period OF the employees employ
ment by said employer has been less
than said three years, then he amount
OF his earnings during sad three years
shall be deemed to be one hundred
and fifty-six times his average weekly
earnings during the period Of his
actual employment by said employer.
(b) III the employee insures for
the benefit only of persons partly de-
pendent upon his wages at the time
OF his death, then sum equal to the
payments provided for the benefit
of persons wholly dependent, less six
times the average annual earnings;
or IL employed for less than a year,
then less than three hundred times
the average weekly earnings of said
dependent person or persons partly
dependent on his wages.
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