Section 10-308 - Claim payments. - Maryland Statutes

§ 10-308. Claim payments.
 

(a)  Determination of compensation.- In determining what compensation, if any, to allow a claimant, the Board shall consider: 

(1) the good faith of the claimant; 

(2) the possibility that the alleged injury was self-inflicted or not accidental; 

(3) the extent and nature of the injury; 

(4) the degree of disability; 

(5) the period of disability or incapacity for other work; and 

(6) the ordinary earning power of the claimant. 

(b)  Governor to include money in the State budget.-  

(1) The Governor shall include money to pay a claim that is approved by the Board in the State budget for the fiscal year that follows the fiscal year in which the Board approves the claim. 

(2) The Board shall pay to the claimant or the claimant's representative any compensation approved by the Board and included in the State budget. 

(c)  Exclusive remedy.- The compensation authorized under this subtitle is the exclusive remedy against the State for a claim that falls within the jurisdiction of the Board. 

(d)  Jurisdiction.- An inmate working under the supervision of Maryland Correctional Enterprises in the Federal Prison Industry Enhancement Program: 

(1) is excluded from the jurisdiction of the Board; and 

(2) shall be administered benefits as provided under Title 9 of the Labor and Employment Article. 
 

[An. Code 1957, art. 41, § 4-701(e), (f), (i); 1999, ch. 54, § 2; 2005, ch. 124.]