(a) The Commission shall determine the percentage that an occupational disease contributed to the death or disability of a covered employee when:
(1) the occupational disease is aggravated by another disease or infirmity that is not compensable; or
(2) the occupational disease accelerates, aggravates, prolongs, or in any way contributes to a disability or death from a cause that is not compensable.
(b) (1) The compensation payable shall be reduced to the percentage of the compensation that would have been payable if the occupational disease had been the sole cause of the death or disability that equals the percentage that the occupational disease contributed to the death or disability, as determined by the Commission under subsection (a) of this section.
(2) As may be in the best interest of the covered employee under the circumstances of the case, the Commission shall reduce the compensation to the percentage required by paragraph (1) of this subsection by reducing:
(i) the number of weekly or monthly payments; or
(ii) the amount of the payments.
Structure Maryland Statutes
Title 9 - Workers' Compensation
Section 9-601 - Construction of Subtitle
Section 9-602 - Average Weekly Wage
Section 9-603 - State Average Weekly Wage
Section 9-604 - Computation of Compensation
Section 9-605 - Payment of Compensation by Employer or Insurer
Section 9-606 - Illegally Employed Minor -- Double Compensation
Section 9-608 - Occupational Disease -- Partial Cause of Death or Disability
Section 9-609 - Receipt of Compensation or Damages Under Law of Another State
Section 9-610 - Offset Against Other Benefits
Section 9-610.1 - Offsets or Credits Against Permanent Partial Disability Awards
Section 9-611 - Occupational Disease -- Abated Award Subject to Assessment