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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3705   View pdf image (33K)
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WORKMEN'S COMPENSATION 3705

the occupational diseases specified and enumerated in Section 34 of this
Article.

(7) "Death" when mentioned as a basis for the right to compensation
means only death resulting from such injury.

(8) "Average weekly wages" for the purposes of this Article shall be
taken to mean the average weekly wages earned by an employee when
working on full time.

(9) "State Accident Fund" means the State Insurance Fund provided
for in Section 16 of this Article.

(10) The term "child", and."children" shall include posthumous children
and adopted children, whether members of the deceased employee's house-
hold at the time of his accident or death or not, and shall also include step-
children, illegitimate children and other children, if such step-children,
illegitimate children and other children were members of the household of
the decedent at the time of the accident or death and had received contribu-
tions toward their support from such deceased employee during any part
of the six months immediately preceding the accident or death.

(11) "Beneficiary" means a husband, wife, child, children or depen-
dents of an employee in whom shall vest a right to receive payments under
this Article.

(12) "Mining" means all underground workings by shaft, drift, slope
or otherwise, for the securing, removing, and taking out from under the
ground, coal, iron ore, clays and all other minerals and mineral substances,
found in and under the earth, and shall mean all work done by any miner
or employee working in and about said mines in said shafts, slopes, head-
ings, tunnels, rooms and other subterranean places therein, for the pur-
pose of obtaining and removing therefrom all such minerals and mineral
substances, and the benefits of this Article shall be extended to any em-
ployee, or in case of his death, to his dependent relatives, otherwise entitled,
who shall be killed or injured while so working or employed therein, and
such mine-worker shall be deemed to be wholly employed in the State of
Maryland, and entitled to the benefits of this Article, if the tipple, mouth
or principal mine entrance in and about which he works, is situated in
this State, notwithstanding such shaft, heading, slope or other subter-
ranean tunnel may extend underground into an adjoining State, and not-
withstanding such mine worker so employed in this State may be killed or
injured while working in said mine beyond the lines of this State, and
within the lines of an adjoining State.

(13) "Occupational Disease" as used in this Article shall mean only the
diseases enumerated and specified in Section 34 of this Article.

(14) Whenever used in this Article "Silicosis" shall mean the charac-
teristic fibrotic condition of the lungs caused by the inhalation of silicon
dioxide (SiO2) dust; and "Asbestosis" shall mean the characteristic
fibrotic condition of the lungs caused by the inhalation, of asbestos dust.

(15) "Disablement," as used in Sections 34, 35, 40, 41, and 42 of this
Article, means the event of an employee's becoming actually incapacitated,
either partially or totally, because of an occupational disease, from perform-
ing his work in the last occupation in which exposed to the hazards of such
disease; and "disability" means the state of being so incapacitated. Dis-
ablement and disability shall be determined by the Medical Board as
herein provided.

Cited in construing Secs. 33 and 46. Baltimore v. Trunk, 172 Md. 38.

Weekly wages of mine employee; how determined. Stevenson v. Hill, 171 Md. 572.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
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