EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0845*
SENATE BILL 845
K1 4lr2028
By: Senator Klausmeier
Introduced and read first time: February 2, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Workers’ Compensation – Temporary Partial Disability – Concurrent 2
Employment 3
FOR the purpose of requiring the employer at the employment where the accidental 4
personal injury or occupational disease occurred or its insurer to pay a temporarily 5
partially disabled covered employee who holds concurrent employment 6
compensation that equals a certain proportion of the average weekly wage of the 7
covered employee under certain circumstances; and generally relating to temporary 8
partial disability benefits. 9
BY repealing and reenacting, with amendments, 10
Article – Labor and Employment 11
Section 9–615 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2023 Supplement) 14
BY adding to 15
Article – Labor and Employment 16
Section 9–616 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Labor and Employment 22
9–615. 23
(a) (1) Subject to paragraph (2) of this subsection AND EXCEPT AS PROVID ED 24 2 SENATE BILL 845
IN § 9–616 OF THIS SUBTITLE, if the wage earning capacity of a covered employee is less 1
while temporarily partially disabled, the employer or its insurer shall pay the covered 2
employee compensation that equals 50% of the difference between: 3
(i) the average weekly wage of the covered employee; and 4
(ii) the wage earning capacity of the covered employee in the same 5
or other employment while temporarily partially disabled. 6
(2) The compensation payable under paragraph (1) of this subsection may 7
not exceed 50% of the State average weekly wage. 8
(b) The employer or its insurer shall pay the weekly compensation for the period 9
that the covered employee is temporarily partially disabled. 10
9–616. 11
(A) THIS SECTION APPLIES ONLY WITH RESPECT TO A COVERED EMPLOYE E 12
WHO: 13
(1) IS TEMPORARILY PARTIALL Y DISABLED AS A RESU LT OF AN 14
ACCIDENTAL PERSONAL INJURY OR OCCUPATION AL DISEASE; 15
(2) WAS CONCURRENTLY EMP LOYED BY MORE THAN O NE EMPLOYER 16
AT THE TIME THAT THE ACCIDENTAL PERSONAL INJURY OR OCCUPATIONAL 17
DISEASE OCCURRED ; 18
(3) IS UNABLE TO PERFORM AT THE EMPLOYMENT WH ERE THE 19
ACCIDENTAL PERSONAL INJURY OR OCCUPATION AL DISEASE OCCURRED ; AND 20
(4) IS ABLE TO PERFORM A T A CONCURRENT EMPLO YMENT. 21
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE EMPLOYER AT THE 22
EMPLOYMENT WHERE THE ACCIDENTAL PERSONAL INJURY OR O CCUPATIONAL 23
DISEASE OCCURRED OR ITS INSURER SHALL PA Y A COVERED EMPLOYEE 24
COMPENSATION THAT EQ UALS TWO–THIRDS OF THE AVERAG E WEEKLY WAGE OF 25
THE COVERED EMPLOYEE IF: 26
(1) THE COVERED EMPLOYEE IS NOT AT MAXIMUM ME DICAL 27
IMPROVEMENT ; 28
(2) A PHYSICIAN CERTIFIE S IN WRITING THAT TH E COVERED 29
EMPLOYEE IS: 30
SENATE BILL 845 3
(I) TEMPORARILY PARTIALL Y DISABLED FROM THE 1
EMPLOYMENT WHERE THE ACCIDENTAL PERSONAL INJURY OR OCCUPATION AL 2
DISEASE OCCURRED; AND 3
(II) CAPABLE OF CONTINUIN G WORK IN THE CONCUR RENT 4
EMPLOYMENT ; AND 5
(3) THE COVERED EMPLOYEE WORKED IN THE CONCUR RENT 6
EMPLOYMENT FOR AT LE AST 8 WEEKS BEFORE THE INJ URY OR OCCUPATIONAL 7
DISEASE OCCURRED . 8
(C) (1) THE COMPENSATION PAYA BLE UNDER SUBSECTION (B) OF THIS 9
SECTION MAY NOT : 10
(I) EXCEED THE STATE–DESIGNATED MAXIMUM R ATE; OR 11
(II) BE LESS THAN $50. 12
(2) AN EMPLOYER MAY NOT B E REQUIRED TO PAY TH E 13
COMPENSATION REQUIRE D UNDER SUBSECTION (B) OF THIS SECTION FOR A PERIOD 14
OF MORE THAN 6 MONTHS. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 16
apply only prospectively and may not be applied or interpreted to have any effect on or 17
application to any claim filed before the effective date of this Act. 18
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2024. 20