The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1922-08-04
CHAPTrN 80. go

Ecuu-S6CllOH vi oSCllOI Oo VI Al
ticle 1O1 &C u of the Annotated
Code OF Maryland (Bagby's Edition.
title "Workmen's Compensation" so
as to make certain changes in the
manner of administering and the eX-
tent of the application of Work
mems Compensation.
SECTION l. Be it enacted by the
General Assembly Of Maryland, That
Section 35 of Article 101 C. II OF the
Annotated Code of Maryland bag
by's Edition, title. "Workmen's Com
pensation." be and the same is hereby
repealed and re-enacted, with amend
ments. so as to read as follows:
Section 80. Whenever the State,
county. city or any municipality shall
engage in any extra hazardous work,
within the meaning of this Act, wheth.
er for pecuniary gain or otherwise, in
which workmen are employed for
wages, this Act shall be applicable
thereto. Whenever and so long as by
State law, City Charter or Municipal
Ordinance, provision equal or better
than that given under the terms OF
this Act is made for municipal EN-
ployes injured in the course of EN-
ployment. such employees shall not be
entitled to the benefits of this Act.
SEC. 2. And be it further enacted,
That Section SO of Article 101 C Il of
the Annotated Code as the same was
amended by Chapter 456 of the Acts OF
the General Assembly of 1920. be and
the same is hereby repealed and re-
enacted, with amendments. so as to
read as follows:
Section IS. Where injury or death
for which compensation is payable I'M
der this Act, was caused under cir.
cumstances creating a legal liability
in some person other than the employ
er TO pay damages in respect thereof,
the employee. OF in the case of death.
his personal representatives or de-
pendents as hereinbefore defined.
may proceed either by law against
that other person to recover dam
ages or against the employer for
compensation under this Act, or in
case of joint tOrtfeasOrs against
both: and if compensation is claimed
and awarded or paid under this Act
any employer, if he is self-insured, in
surance company. association or the
State Accident Fund. may enforce for
their benefit. as the case may. the H.
ability of such other person: provided,
however. If damages are recovered in
excess of the compensation already paid
or awarded to be paid under this Act,
and also any payments made for med
zeal or surgical services. funeral ex
penseS or for any of the other pur-
poses enumerated in Section 81 of this
Act. then any such excess shall be
paid to the injured employee, or in
case of death to his dependents less
the expenses and costs OF action in
Cured by the employer, insurance
company, association or State Acct
dent Fund as the case may be. If any
such employer. insurance company. as
sociation or State Accident Fund shall
not. within two months from the pas
sage of the award of this Commission.
start proceedings to enforce the liabil-
fly of such other person. the injured
employee, or in case of death. his de-
pendents, may enforce the liability OF
such other person provided. however.
that if damages are recovered the in
tured employee or in case of death his
dependents may first retain therefrom
the expenses and costs of action for
pany. association or the State Acct
dent Fund. as the case may be. shall
be reimbursed for the compensation
already paid or awarded and any
amount or amounts paid for medical
or surgical services, funeral expenses
or for any of the other purposes enum.
Grated in Section 81 of this Act. and
the balance in excess of these items
snail enure to the injured employee,
or in case of death. to his deDendents.
and the amount thus received by the
injured employee or in case of death
by his dependents shall be i'll lieu OF
any award that might otherwise have
been made thereafter il the same case
unQef the PROVISIONS OF THIS ACT anu
said case shall thereupon be deemed
to have been finally settled and closed.
SEC. 3. And be it further enacted
That Subsection of Section 90 of
Article 101 &C j. of the Annotated
Code of Maryland, be and the same is
hereby repealed and re-enacted, so as
to read as follows:
Section SO, Subsection 3. "Employe"
means a person who is engaged in
an extra-hazardous employment in the
service of an employer. carrying on or
conducting the same upon the prem
Uses or at a plant, or in the course OF
his employment away from the plant
of his employer, and shall not include
farm laborers. Farm Laborers," as
used in this Act, shall mean any EN-
ployes who, at the time of the acct
dent, are engaged in rendering any
agricultural service, including the
threshing and harvesting of crops, or
who, at the time OF the accident. are
engaged in service incidental to and
in connection with apricultural mr.