Document 3D0DEq26MXwDZKd7QNrB6qVn

FILE NAME: Hampshire (HAMP) DATE: 1939 May 11 DOC#: HAMP106 DOCUMENT DESCRIPTION: MD Law - Occupational Diseases Section / la w s or MiTlaND.:. j - [Cb . 464 'led `be Commissioners to the payment of the interest i bl 't h e retirement of each outtending bonds se they iseaed under this A c t The change in the method, of colctlng said ennusl e lements and charges shell not be so -natrued ee to make any of said annas! assessments and -urges subject to the bar of any statute of limitations. Bsc. 2. And he fi further enacted, That this Act shall taka feet on and after June 1, 1839. Approved May 3, 1939. - - -r I : i-' i . CHAPTER ' - -V (House Bill 899) ''! N ACT to emend Section 1 of Chapter 269 of the law s of Maryland of 1933 proriding for the appointment of a County Accountant for Montgomery County. fiscnoN 1. Be U enacted by the General Assembly of Mary- id, That Section 1 of Chapter 259 of the Laws of Maryland 1933, presiding for the appointment of a County Accountant and the n w is hereby repealed and reenacted, with amend:nt*. so as to read as follows: Bf 1. I t shall be the duty of the Board of County mo. .oners to appoint a certified public accountant, as unty Accountant, to hold office a t the pleasure of the Board a salary not to exceed T hlrtyslx Hundred Hollars 1,800.00) per year payable monthly of which Hlory Six indred Dollars (J600.00) shall be payable out of the fnnds the Liquor ContTol Board for Montgomery Oounty. The unty Accountant shall take the oath of office prescribed the Constitution of this State, and shall furnish a bond < penalty and form and with surety satisfactory to the Mid ird, the premium for which shall be leried for and paid out the County Tax funds. ee. 2. And be it further enacted, That this Act Is hereby Is red to be an emergency law and necessary tor the lmme- le preservation of the pnblie health and safety, end being erd by a yea and nay rote, supported by three-fifths of all members elected to each of the two Honses of the General erablv, the same shall take effect from the date of its sage. pprored May 11, 1939. fftS T f . . ... 1 ^ :' H aas EXTB . O'CoHoa, OoTEajeoa. ' -. 991 CHAPTER d66. . i . (House Bill 484) AM ACT to add ten new sections to Article 101 of the Anno tated Code of Maryland (1921 Edition and 1936 Supple ment), title "Workmen's Compensation", to be under sub title `'Occupational Diseases", said new sections to be known as Sections 32A to 32J, inclusive, and to follow Immediately , iafter Section 82 of Mid Article, and to repeal and reenact with amendments Section 64 of Mid Article, sub-title "Claim and CompenMtion; Benefits", Section 66 of Mid Article, sub-title "AppMls", and Section S6 of Mid Article, sub-tltie "Miscellaneous", providing that occupational dis eases as defined therein shall be compensable under the Workmen's CompenMtion Act, enumerating the occupational diseaaes covered, creating i Medical Board to beer and pam upon esses involving medical questions as to occupational diseases and prescribing its duties and powers, relating to appeals in cases involving occupational diseases, providing that "injury", " personal injury", end "accidental personal injury" shall include the occupational diseases enumerated and aulgnlng to the State Department of Health and to the CommlHloner of Health of Baltimore City duties and pow ers for the control end prevention of occupational disease. S uction 1. Be it enacted by the General Assembly of Mary land, That ten new sections be and they are hereby added to Article 101 of the Annotated Code of Maryland (1924 Edition and 1936 Supplement), title "Workmen's Compensation", to be under sob-title "Occupational' Diseases", said new sections to be known as Sections 32A to 82J inclusive, to follow imme diately after Section 32 of said Article, and that Section 64 of said Article, sub-title "Claims and Compensation; Benefits", Section 66 of said Article, sub-tltls "Appeal", and Section 68 of said Article "Miscellaneous", be and they are hereby re pealed and reenacted with amendments, all to read u follows: < Occupational Disratei. 82A. Every employee who, In the regular coarse of hie em ployment, Is injuriously subjected to an exposure to any of the occupational diseases hereinafter named, In an occupation or proresa hereinafter set down oppoalte the name of such disease, shall be deemed to be engaged Iq an extra-hatardous employment within the provisions of Section 32 of this Article. Compensation as provided In this Article shall be payable for disability or death of an employee resulting from the following occupational dlaeasca; PLAINTI T procoss or occnpotion involving tbs no ot or di rect eontset with sine or Its preparations or compounds alli.oys. p rocess or occnpotion !hg tbs nse of or dlmtoet Trlth mercury pieporntions or com pounds. . A Phosphorus poisoning or (.A ny proceea or occupation T* TMnte,c* ** ?,*"* - Its-sequela.^ . ... .'si . Involving the use of or dl- Vr: ' . ' ' * : . pborus or Its preparation* VS : < \ : or compounds. " 6 .Arsenic poisoning'o r,its (.A ny process or occupation sequelae. ' involving tbs use of or dl- } ; nreeetl c u ts e t with arsenic or ' its proprations or com- pounds.' .1. PoUofllnf b j wood tleor 7. Any process or occupation J y k0L . r ,'j-. -involving tbs use ot or dl- I v'n rect contact with wood sieo- .s... i . : . A Poisoning b y ' bensol or hoi or any preparation eon. talnlng' wood alcohol. A Any pr:o1cess or occupation ... ''v ul . hydro-,, hydroxy- involving the use of or dl- ; and amido-derivatlves of rect contact with beusol or bensena (denltro-bensol, .'.'7!.' nltro-, hydro-, hydroxy-, or vi,-i anllln. and others) or Its smldo-afriratires of beniene -'sequela.;..^-,--1;. : j or Its preparations or com- ?: i ' 1 iV; 'A y - A r > * * 4 ' i. Poisoning by carbon bl-;- #. Any process or occupation .. sulphide or its sequelae*';-.' Involving the nse of or dl- - or any sulphide' .., ;. rect coxtact with carbon '<' *" ? -iSi c rii V -w .r, "'f.` .' H u a m K 'OoHoi, G oraixoi^ . iV*!K> 'ni.. ;. blahlphldo' tlona or tnlphld* 'V. 10. Poleonlng b j a l t r o n i Ause* or Iti Itquelt* -- '>.11. Polaonlng by nickel car.'* V bonyl or ito sequela* 10. Any proceea ia which nitrone robed. 11. Any proceea or odenL in which nickel earboi arolTod. ;. 18. Dopo polaonlng fpoisosing by tetrichlof-m e- tbane or any ubatane 1 - oeed u or in coDjunctton with a solrent for acetato *> : of cellnloM or nitm cI1 inloee, or ita acquelae. 18. Any proceea o r'occnpf Inrolring the tua of ocTdl- rect contact with any.mbatancea need aa or InCebn- junction with a aolrent.-for acetate of cello]oat or bftro cellules* , *^ jv' ` l i . Polaonlng by formald* kyde and iti preparatloni. 18, Any proceea or occupation inrolring the naa of oh di rect contact with formalde hyde end its preparation* l i , Hydrocyanic acid polaoa- . >g. v ' 11. Any proceea or occupation inrolring the naa of or di rect contact with. the.cya nide* . \ -i $: IS. Chlorine polaonlof. 15. Any procaea or occupation inrolring the nee of or di rect contact with chlorine or Its compound* 18. Ammonia poleonlng. 18. Any procam or occupation inrolring the nee of or di rect contact with ammonia or Its compound* 17 Oadmlm polaonlng. IT. Any proeem or occupation inrolring the nae of or di rect contact with cadmium or ita compound* , 18. Manganeae polaonlng. 18. Any proeem o r occupation Inrolring the nae of or di rect contact with manganese or Ite compound* 18. Chrome nleerition or der matiti! or thelr acqnalaa. 18. Any proceea or occupation Inrolring the nae of or di rect contact with chromic acid or bichromate of am monium, potaealnm or sod ium, or their preparation* Il fi o a I il***tt*w > - (Oh. <65 (',2(>,.lpithallomatoua Fr cancer 80. Any proceaa or occupation K'jyLor.lnlcrutloa of tit* Ida *' Involving the nae of or di- *ior th e' corneal -surface of ]?: rect contact with tar, pitch, " " ' Vpitch, tar, |i jb i t u m e n , mineral, oil, or ' OU, or v.T pariffla or any compound, j com- - - product or residue o( any of --.`j pound, product or residua . thcae anbatancea. # -------* - - -----t--a-- --* -21.Cara- or handling'of any Maine animal or the carcaaa of any aqch animal. 22. Compnaaed air iUneaa or 22. Any proceaa or occupation ita sequelae. carried on In compreaeed air. 23. Miner' diataaea, includ- ing only cellulitis, bur' i'.- aitla, ankyktomiaala, ta. !li noaynoTitia and nyatag* V m o a . ' 'i >.. 23. Any proceaa or occupation in connection with mining or underground work. . , tasi. Cuaaitaarract min glaasasworkera. 2<. Proceaa in the manufacture ^ . v 'i-;.- of giasa involving exposure to the glare of molten giasa. ; ; 26. Badinm poisoning or dla- 25. Any proceaa or occupation , ' ability due to radioactive involving the use of or di properties of aubatancea rect contact with radium or -i'-o r.' to roentgen rays radioactive anbatancea or .. " rr:.(X-rays)..i . -J : r o li : . the uae of or direct exposure to roentgen ra ja (X-rays)." ' y 36. Poisoning from ' methyl j ' : chloride or other halo- 1%. ."jH gaaated hydrocarbons.. r*. ' /. . 27. Carboamonoxlda poison-' T'.'' . i . ing. . j . \ 26. `Any proceaa or occupation involving the nae of or di- . rect contact with methyl ' chloride or other haloge- Dated hydrocarbons. 27. Any proceaa or occupation involving direct exposure to '-VvV "!.... carbon monoxide In build- ` H ' o t-. Ingn, sheds, or endoaad i t - V : . place*. . i: Poisoning byi sulphuric,1"28. Any process or occupation' hydrochloric v or hydra- involving tha nae of or die tinsi jr or involving the nae of or dl-. n e t contact with petroleunj ft V z* .II.Y *Vi! " *. I -p*1 . y : i r.i. ; I*.-, "i. : Is. I * i i 3 f u : ' V ` i re H n a n r B. O'Como, GovaaMoa.* due to contact with po- !}i or petroleum product* and troleum product tnd their fume, - 'i ^,ri*.rlr.btt r '. their fume, 80. Disability trialng from 80. A n ; proceu or occupation blUter* or tbraalona. ' involving continuou* trie- _ tlon, rubbing or vibration* - - cenelng bliiten or abrasion*. SI. Disability irielng from '81. A n ; proctee or occupation bunitii or i/uoriti. iurolring eontinuoui rub* .. ., bing, procure, or rlbrntion of the parti affected, 82. Dermatltii (venenata). 82. A n ; proceu or occupation iiirolrlng the nee of or di rect contact with acid*, alkali*, oils, brick, cement, lime, concrete, mortar or other inbitancei capable of earning dermatltii. 83. Blllcoals. 33. A n; proceu or occupation involving an exposure to or direct contact with lilicou , dioxide (810,) d o it 84. Aibeitoiii. 84. A n ; proceu or occupation : inrolring an expoeure to or direct contact with aibeitoi -, duit. S2B. Where an emplo;ee of an smplojeb inbject to thin Article euffen from au occupational disease, * hereinbefore lilted, and li thereb; diubied from performing hie work in the l u t occupation In which he wan injnriouel; exposed to the h a u n ts of each disease, or diet aa a rem it of inch disease, and the dlieau waa dut to th i nature of an occupation or proceu described in Section 82A hereof, in which h* w u emplo;ed within the period prerloos to his disablement ' limited in Bectiona 820 and 82D hereof, the emplojee, or, in c u t of bis deeth, hit dependents shall be entitled to compen sation in tbs amount and pa;able in the manner provided else where in this Article, as if inch dlublem ent or death were an Injur; b ; accident, except as otherwise provided in Bec tiona 82A to 82J hereof ; and the practice and procedure pre- ; ecribed elsewhere in th ii Article shall appl; to proceedings for compensation for auch diseases, except u in said Sections 82A to 82J, sud Sections 64, 66 and 66, as hersb; amended, otherwise provided. No compensation shall be pajable for an occupational dise a u If the emplojee, a t the time of entering Into the emplo;ment of the emplojer b ; whom the compensation wonld other- * \\ - \ / jf l0m' ** faleciy/repruaentod himself la writing u not fe.Ws$<8 ta rin g . previously beta disabled, laid off, or compensated in sffisffir- damagm p ro th arw i^ b ae au e e of act disease. .'/ ^ . ^ W ^ I :f.tf W tA ^ 'k B |* t io n a l diae la'faraTatad by any other 'dlaeaa* r tnflrmity;not ltaelf compensable, or where liaabillty o r -doatt'.'triw 'a n y 'o th a r cause, not itself compensable, it X*&: aggravated^ prolonged,'accelerated or ia aaywiaa contributed --.roeeupatiooel disease, the percentage of each eon- to be determined by the Medical Board, aa herein, created, the compensation payable aball be xednced and * the compensation that i disease were the sola each occupational disease, ia causea of inch disability or death, each redactloa In compensation to bo effected, by reducing t h a n amber of weekly or monthly payments or'tha am ount off sach payments, ae under the circumatancea of the particular east may.be for tba boot interest of the claimant ...... or rlalmante.y-'ipi;.,,;g r- 'rPi. ' 830.\; ' No ncompensation for death from an occupational '/ disease shall ha payable to any person whose relationship to - V1' ' "the decsseed, which, under the prorioions of this Article would givs rtgt^t to compensettoa, arose subsequent to the beginning | of -the tin t compensable disability Sara only to after-born . '.j V S ;- - c h ild r e n of a marriage existing a t tba beginning of such die- ' Where compensation ia payable for an occupational dlaeaae, T t'-v ? .i.:th e employer in whose employment the employee wee last in- Juriouely exposed to the hazarde of each disease, and the in surance carrier, if any,'on tba riak when such employee wee . . last to exposed under inch employer, shall be liable therefor; . the amount of the compensation shell bo based upon tba arer- V'V>. eg wages! of the employes when last so exposed under aucb 'j . employer end tbs notice of lnjnty end claim for compensation, ' ; as hereinafter required, shall be given and made to such em- * r ployer; provided, howerer, that In case of oilicoaia or aabeatools the only employer or into ranee carrier liable shall be the last t" *' employer in whose employment the employee wee last Injurl- : voualy exposed to the hazard* of the disease daring period of V a ix tj (80) days or more after theeffectlre date of this tub-title, and the insurance carrier, if any, on the risk when the em- .. : ployea Was last so exposed under inch employer. An employer ball apt be liable for any compensation for vV ' an occupational disease unless such disease shall be due to : , - the nature of an employment ia which the haxarda of euch 'V $' disease actually exist, a rt characterUUc of and peculiar to the tradel occupatloa, process, or employment, and is actually ' H u i a r r B. O'Conoi, Qotdrok. Incurred In hi employment ta d nnleu disablement! reenlU within three (8) y e a n in c u e of elllcocie < or one (1) year In c u e of any other occupational diaeiae, ;y;- after the laat injnrioui ezpoanre to inch dieeaee in inch amployment, or, in cu e of death, nnleu death iollowi contlnnoui diubility from lllch dieeaee, commencing within the period ' aboee limited, for which compenaation baa been paid or ' awarded or claim made u provided In thie Article, and readlta within u re n (7) year* after each l u t ezpoanre. 82D. In the abeence of condoelre evidence In feror of the claim, dleablllty or death from aillcoala or aebutoeie ahall be preenmed ln fact not to be due to the nature of any occupa tion within the prorlelone of Section 82A of thia Article, nnleu during the ten (10) year* Immediately preceding the date of dlaeblement the employee hee been expoaed to the inhalation of allien duet or ubeatoe dnat over a period of not leu then Are (6) yean, two (2) y e an of which ahall h ire been In thia Btate, under a contract of employment exletlng In thle State, prodded, however, that If the employee ahall hare been em ployed by the lame employer dnriog the whole of each five- year period, hia right to compensation agalnat each employer ahall not be affected by the fact that he had been employed dorlng any p art of e n d period ontslde of thia State. Compensation ahall not be payable for partial disability due to silicosis or asbestoele. In the event of total diubility or death from uncomplicated silicons or u butoela, compenution shall be payable to employees and their dependents u fol lows: If disablement ocean, or, In the esse of no claim for prior disablement, U death occurs in the calender month in which this nub-title become effective, the total compenution and death benefit payable hall not exceed the earn of Five Hundred D ollan (8500.00). If diublement occurs, or. In the : c u e of no delm for prior diublement, If d u th ocean daring the next calendar month, the total compenaation and d u th benefit* payable (ball not exceed Fire Hundred end Fifty Dol l a n (8550.00). Thereafter the total amonnt of compenution for death and benefit payable for total disability and death hall increase a t the rata of Fifty Dollan (850.00) per montb; the aggregate payable lu etch c a u to be limited according to tha foregoing formnll for the month in which total dis ability occur, or, la case of no claim for prior diubility, In which d u th occur*. Such progressive Increase In tfa limita tion of the total amount in any vent payable for total perma nent diubility and d u th dna to allleoelt or aabeatoela aball continue only nntll inch total amonnt eqoala bat d n u not exceed the coma which would be payable to the particular em ployee or bla dependent!; had inch total permanent diubility . and d u th b u n doe to an accidental Injury. !, i - 11\. . 1,V-,!K 7- i'-V> i/V:. 4.* t, MS - j ?:'. L aw* o r Miaxiaim. (Cn. 485 ft lit cam of d o th from uncomplicated silicosis or aebeetotls, compensation (holt bo payable In accordance with the fore going provisions of tbit Motion: provided, however, that tin compensation parable In any such c u e ebell bo limited to a period not to exceed the average life expectancy of a pereon of j|be age and ear of the deceaaed. ? (.':821s.; Where an employee, though not actually dlaabled, la Jtonnd to bo affected by silicosis or aabeetoala, ha may, aobject to the appro.val of tha Medical Board, hereinafter created, bo permitted to waive in writing foil compensation for any ag gravation of hie condition that may revolt from bin continnlog in hla baaardosa occnpatlon. In the event of total disable ment or death aa a revolt of the dlaeaae with which the em ployee waa ao affected, after inch a waiver, compenaatlon ahall nevertheless bo payabla ae herein eleawhere provided, but In ao case, whether for dlaablllty or death or both, for longer than one hundred (100) weeka, bat In no cart to exceed two . ...thousand dollara (12,000) in the aggregate. A waiver ao per- s-.'.i aTS^';' mltied ahall remain effective, for the trade, occupations, " * SV procoaa or employment for which executed, notwithetandlng a ' "jSI change or changes of employer. The B ute InduetrUI Aed* i; " Vrii.'5 f jd e a t Oommiaaioa ahall make reeaonable rules and. regulations `j i / f relative to the form, execntlon, Sling or registration and pnbllr r r ^ A m i M i d of w aivfn or records thereof. Written notice shall be given to the employer of an il disease by the employee or someone in hit be- ten (10) days after tha d n t distinct manifestation ' K l V / . t h e r e o f , and in the case of death from each an occupational ., i , j;^i..dieeee, written notice of such death shall also be given to tbe j^t.^iy'em ployer within thirty (80) deye thereafter. .F allen to give either of eoch notices ahall be deemed waived anleee objection : V** adn a t a hearing on tha elalm prior to any award or de- ; i ! *I daloo thereon.' Actual knowledge of an occupational dlaeaae 5 i-- fo .a a d of axpoenre to tha condition! closing It, by the employer kpaa employment the employee was last Injnrlouely ex. r aed, or by the responsible superintendent In charge of tbe :?'jy%'$^.v'wcrk, shell be deemed notice of its contraction. If no claim TtVKjs/pr disability or death from an occupational disease be Sled Euvfiiit5-. vvrith the B tite Indoatrial Accident Commission within one (1) '-"-Jrtjiif'i-- T** fre u ihe date of disablement or denth, as tbe case may be, the right to compensation for eoch disease ahall be forever bar- }, red; provided, however, th at the failure to Sle a claim within Jv:. tba time limited herein shall bn deemed weired unless objection i .- t o s u c h failure be made a t a bearing on such claim before any "v:. award or decision thereon. Notice or claim shall be deemed :p V n U B U i M<W ------ carrier by hie or Ita conduct leads the employee or clilm iot reisosibljr to bellere t b it notice or claim haa been weired by hie or lta aflrm atlre conduct ' ............ Whenever a dliablHty from an occnpational disease occur to any employee it hall be Ilie duty of the employer promptly upon obtaining knowledge or notice thereof, to at once report auch disability to the Commission, and also to any local rcpresentatlre of tbe Commission. Bucb report shall state (a) the time, close and nature of the disability, and the probable dura tion | (b) whether the disability from an occupational dlseaae arose ont of and in the course of tbs injured person's employ ment; (c) any other matters the rules and regulations of tbe Commission may prescribe. This Article shell not epply to cesea of occupnlionel dlseaee In which tbe leet injurious expoeurs to the hazards of such dlseaeea occurred before June 1, 1939. 820. There ibatl be a Medical Board consisting of three member* who shell be licensed physicltne ln'good professional standing, two of whom shall h ire had at least IWe (5) years' practice in the diagnosis, treatm ent and care of Industrial dis eases, end one of whom shall be especially trained In roentgen ology, and who shall h art had a t least Are (5) years' practice end experience. They shall be appointed by the Governor, by end with the advice end consent of the Senate from a list of nominees to be submitted by tbe Deans of the medical depart ments of the Univenity of Maryland and of the Johns Hopkins University, and bf tbe conocll of the Medical and Cblrurgicsl Faculty of Maryland, each of these three agencies to submit a list of a t least three persona, two of whom shall be especially experienced In occupational diseases, and one of whom shell be an experienced roentgenologist One of said members shall be designated as Chairmen of the Medical Board by the Gov ernor. Tbe term of offlce of a member of inch Board shall be six (A) years, except that the A nt appointments hereunder shall be made as follows: one for two (2) years, one for four (4) years, and one for alx (6) years. Vacancies shall be Ailed for the balance of tbe nnexpired terms in the seme manner at tbs original appointments a t hereinabove provided. .A ma jority of the Medical Board shall constitute a quorum. The Medical Board shall have the power end authority to mike rnles regulating lta procedure, to contract for laboratory work, to make necessary Investigations of working conditions; to provide tor ordering end tbe conducting of autopsies, to con duct haarinp on medical questions, to determine medical Is sue*, and to perform such other reasonable duties as the work of the Board mey require. The functions of the Board shall be as set forth elsewhere In this Article. 1\I X . X -------------------------- ' A /