Maryland 2024 Regular Session

Maryland Senate Bill SB845 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0845
6	6
7	7	SENATE BILL 845
8	8	K1 4lr2028
9	9
10	10	By: Senator Klausmeier
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Workers’ Compensation – Temporary Partial Disability – Concurrent 2
19	19	Employment 3
20	20
21	21	FOR the purpose of requiring the employer at the employment where the accidental 4
22	22	personal injury or occupational disease occurred or its insurer to pay a temporarily 5
23	23	partially disabled covered employee who holds concurrent employment 6
24	24	compensation that equals a certain proportion of the average weekly wage of the 7
25	25	covered employee under certain circumstances; and generally relating to temporary 8
26	26	partial disability benefits. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Labor and Employment 11
30	30	Section 9–615 12
31	31	Annotated Code of Maryland 13
32	32	(2016 Replacement Volume and 2023 Supplement) 14
33	33
34	34	BY adding to 15
35	35	Article – Labor and Employment 16
36	36	Section 9–616 17
37	37	Annotated Code of Maryland 18
38	38	(2016 Replacement Volume and 2023 Supplement) 19
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
41	41	That the Laws of Maryland read as follows: 21
42	42
43	43	Article – Labor and Employment 22
44	44
45	45	9–615. 23
46	46
47	47	(a) (1) Subject to paragraph (2) of this subsection AND EXCEPT AS PROVID ED 24 2 SENATE BILL 845
48	48
49	49
50	50	IN § 9–616 OF THIS SUBTITLE, if the wage earning capacity of a covered employee is less 1
51	51	while temporarily partially disabled, the employer or its insurer shall pay the covered 2
52	52	employee compensation that equals 50% of the difference between: 3
53	53
54	54	(i) the average weekly wage of the covered employee; and 4
55	55
56	56	(ii) the wage earning capacity of the covered employee in the same 5
57	57	or other employment while temporarily partially disabled. 6
58	58
59	59	(2) The compensation payable under paragraph (1) of this subsection may 7
60	60	not exceed 50% of the State average weekly wage. 8
61	61
62	62	(b) The employer or its insurer shall pay the weekly compensation for the period 9
63	63	that the covered employee is temporarily partially disabled. 10
64	64
65	65	9–616. 11
66	66
67	67	(A) THIS SECTION APPLIES ONLY WITH RESPECT TO A COVERED EMPLOYE E 12
68	68	WHO: 13
69	69
70	70	(1) IS TEMPORARILY PARTIALL Y DISABLED AS A RESU LT OF AN 14
71	71	ACCIDENTAL PERSONAL INJURY OR OCCUPATION AL DISEASE; 15
72	72
73	73	(2) WAS CONCURRENTLY EMP LOYED BY MORE THAN O NE EMPLOYER 16
74	74	AT THE TIME THAT THE ACCIDENTAL PERSONAL INJURY OR OCCUPATIONAL 17
75	75	DISEASE OCCURRED ; 18
76	76
77	77	(3) IS UNABLE TO PERFORM AT THE EMPLOYMENT WH ERE THE 19
78	78	ACCIDENTAL PERSONAL INJURY OR OCCUPATION AL DISEASE OCCURRED ; AND 20
79	79
80	80	(4) IS ABLE TO PERFORM A T A CONCURRENT EMPLO YMENT. 21
81	81
82	82	(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE EMPLOYER AT THE 22
83	83	EMPLOYMENT WHERE THE ACCIDENTAL PERSONAL INJURY OR O CCUPATIONAL 23
84	84	DISEASE OCCURRED OR ITS INSURER SHALL PA Y A COVERED EMPLOYEE 24
85	85	COMPENSATION THAT EQ UALS TWO–THIRDS OF THE AVERAG E WEEKLY WAGE OF 25
86	86	THE COVERED EMPLOYEE IF: 26
87	87
88	88	(1) THE COVERED EMPLOYEE IS NOT AT MAXIMUM ME DICAL 27
89	89	IMPROVEMENT ; 28
90	90
91	91	(2) A PHYSICIAN CERTIFIE S IN WRITING THAT TH E COVERED 29
92	92	EMPLOYEE IS: 30
93	93	SENATE BILL 845 3
94	94
95	95
96	96	(I) TEMPORARILY PARTIALL Y DISABLED FROM THE 1
97	97	EMPLOYMENT WHERE THE ACCIDENTAL PERSONAL INJURY OR OCCUPATION AL 2
98	98	DISEASE OCCURRED; AND 3
99	99
100	100	(II) CAPABLE OF CONTINUIN G WORK IN THE CONCUR RENT 4
101	101	EMPLOYMENT ; AND 5
102	102
103	103	(3) THE COVERED EMPLOYEE WORKED IN THE CONCUR RENT 6
104	104	EMPLOYMENT FOR AT LE AST 8 WEEKS BEFORE THE INJ URY OR OCCUPATIONAL 7
105	105	DISEASE OCCURRED . 8
106	106
107	107	(C) (1) THE COMPENSATION PAYA BLE UNDER SUBSECTION (B) OF THIS 9
108	108	SECTION MAY NOT : 10
109	109
110	110	(I) EXCEED THE STATE–DESIGNATED MAXIMUM R ATE; OR 11
111	111
112	112	(II) BE LESS THAN $50. 12
113	113
114	114	(2) AN EMPLOYER MAY NOT B E REQUIRED TO PAY TH E 13
115	115	COMPENSATION REQUIRE D UNDER SUBSECTION (B) OF THIS SECTION FOR A PERIOD 14
116	116	OF MORE THAN 6 MONTHS. 15
117	117
118	118	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 16
119	119	apply only prospectively and may not be applied or interpreted to have any effect on or 17
120	120	application to any claim filed before the effective date of this Act. 18
121	121
122	122	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
123	123	October 1, 2024. 20