Maryland Acts of the Regular Session (2023)
SB 377, Chapter 410
AN ACT concerning
Workers' Compensation - Benefits - Offset and Hearing Loss Study
FOR the purpose of altering the circumstances under which the payment of a benefit by a governmental unit or quasi-public corporation to a covered employee offsets the liability for benefits under the workers' compensation law; altering the method used to determine the deduction required to be made to allow for the average amount of hearing loss from nonoccupational causes in the population for purposes of calculating workers' compensation benefits for occupational deafness; requiring tinnitus to be considered part of a covered employee's hearing loss; requiring that benefits awarded related to hearing loss be awarded without adjustment due to offset against other benefits; requiring the Joint Committee on Workers' Compensation Benefit and Insurance Oversight to conduct a certain evaluation stating that it is the intent of the General Assembly that the Maryland Association of Counties and the Professional Fire Fighters of Maryland jointly research and report certain information; and generally relating to workers' compensation benefits.
BY repealing and reenacting, with amendments,
Article - Labor and Employment
Section 9-610 and 9-650
Annotated Code of Maryland (2016 Replacement Volume and 2022 Supplement)
Article - Labor and Employment
9-610.
(a) (1) Except for benefits subject to an offset under § 29-118 of the State Personnel and Pensions Article, if a statute, charter, ordinance, resolution, regulation, or policy, regardless of whether part of a pension system, provides a benefit to a covered employee of a governmental unit or a quasi-public corporation that is subject to this title under § 9-201(2) of this title or, in case of death, to the dependents of the covered employee, payment of the benefit by the employer satisfies, to the extent of the payment, the liability of the employer and the Subsequent Injury Fund for payment of [similar] benefits under this title only if the payment of the benefit by the employer and the payment for benefits under this title are based on the same accidental injury or occupational disease, in whole or in part, on the same body part.
(2) If a benefit paid under paragraph (1) of this subsection is less than the benefits provided under this title...
