§ 9-683.1. Determination of dependency

   (a) Applicability of section. -- This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9-503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9-683.6 of this subtitle.

(b) In general. -- Except as otherwise provided in this subtitle, the Commission shall determine all questions of dependency in accordance with the facts of each case that existed:

   (1) at the time of the occurrence of the accidental personal injury that caused the death of the covered employee; or

   (2) on the date of disablement from the occupational disease that caused the death of the covered employee.

(c) Determination of dependency of a child. -- Notwithstanding subsection (b) of this section, the Commission may determine the question of dependency of a child of a covered employee born after:

   (1) the time of the occurrence of the accidental personal injury that caused the death of the covered employee;

   (2) the date of disablement from the occupational disease that caused the death of the covered employee; or

   (3) the death of the covered employee resulting from the accidental personal injury or occupational disease.

HISTORY: 2011, chs. 435, 436.