Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1912-05-10
PUBLIC GENERAL LAWS, 1912.
tcontinued from page 81

the course OF employment winch re-
suits in personal injury or death, In
accordance with the provisions OF this
act. and that in consideration OF such
insurance the employer shall be re-,
lieyed from the consequences OF acts
or omissions by reason OF which ne
would without such contract become
liable toward such employe or toward
the legal representative, widow. wld-
over, or next of kin of such employee.
SEC. 2. Such insurance shall be
effected in some casualty company
organized under the yaws OF the state
of Maryland or admitted to 90 Dusl-
ness in this State, provided that any
employer employing not less than
fifteen hundred (1500) employees MAJ
establish an insurance fund from sums
contributed by himself and his en-
ployes upon condition that he under
take and agree to make up any def
ciencv in insurance benefits that may
arise out of the inadequacy OF sucn
fund. Such funds shall be inviolably
appropriated as 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.
mjttee, 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 lnsur-
ance Commissioner of this State in the
same manner as books of insurance
companies doing business IN this state.
Upon the request of the employer or
upon the request of the advisory com
mittee, the Insurance Commissioners
shall act as depositary of the securt
ties in which such funds may be In
vested.
If an employer desires to discon-
tinue an insurance fund maintained by
him, or if he discontinues his business
without transferring the same to a
successor or assign, taking over and
agreeing to maintain such funds, he
shall notify the Insurance Commits
sioner of his purpose, who shall there
upon supervise the disposition OF the
insurance fund. Such funds shall be
distributed among those equitably en-
titled to it according to their contri-
button (not taking into consideration
expenses of the management, and
where those entitled to any part OF
the fund can not be discovered or as
certained, the moneys remaining I'M
claimed shall be paid into the Insur
ance Department, to be held and dis
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 or persons
(other than a salaried employee OF
his office) employed by him for the
purpose OF such supervision neces-
sarily spent in connection Herewith.
Compensation Regardless of NeslI-
gence.
SEC. 3. Such insurance shall cover
the risk of personal injury by accident
arising out of and in course OF the
employment resulting in 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 OF the
employees intoxication, or wilful or
deliberate act or deliberate intention
to produce such injury.
SEC. 4. The insurance in case OF
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
(oIl ~ vrrhf
are hereinafter designated as depend
ents OF such employed, or OF such
of them as may be named in the con-
tract or policy to which 1t 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. s. In order to satisfy the re-
quirements of this act, the benefits
payamle under such insurance shall be
at least as follows:
ID In case Of death:
(a) II the employee insures for the
benefit OF any dependent wholly de
pendent upon his wages at the time d
his death, sum equal to his wages
nthe Employment Of said employer
during a 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 II
the period of the employees employ
ment by said employer has been lesi
than said three years, then The 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) II the employee insures fol
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 II employed for less than year
then less than three hundred times
the average weekly earnings Of said
dependent person or persons partly
dependent on his wages.
(c) II the employee leaves no de
2endents, then the reasonable ey
pense OF his medical attention shall be
n .I1f4io,. h,.rtal aypan0oe