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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1486*
HOUSE BILL 1486
K1 6lr3162
By: Delegates Arentz, Buckel, McComas, Reilly, and Rose
Introduced and read first time: February 13, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Workers’ Compensation – Average Weekly Wage – Multiple Employers 2
FOR the purpose of requiring that the average weekly wages from employments of a 3
covered employee who, at the time of an accidental personal injury or last injurious 4
exposure to an occupational disease , was concurrently employed by more than one 5
employer be combined for purposes of computing the average weekly wages under 6
certain circumstances; requiring that the Subsequent Injury Fun d reimburse an 7
employer for certain compensation paid by the employer to an employee for 8
permanent partial and total disability under certain circumstances; and generally 9
relating to the computation of the average weekly wage of a covered employee. 10
BY adding to 11
Article – Labor and Employment 12
Section 9–602(a–1) 13
Annotated Code of Maryland 14
(2025 Replacement Volume) 15
BY repealing and reenacting, with amendments, 16
Article – Labor and Employment 17
Section 9–602(c), 9–630(b), and 9–637(c) 18
Annotated Code of Maryland 19
(2025 Replacement Volume) 20
BY repealing 21
Article – Labor and Employment 22
Section 9–602(l) 23
Annotated Code of Maryland 24
(2025 Replacement Volume) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
2 HOUSE BILL 1486
Article – Labor and Employment 1
9–602. 2
(A–1) (1) THIS SUBSECTION APPLIES ONLY TO A COVERED EMPLOYEE WHO: 3
(I) WAS CONCURRENTLY EMP LOYED BY MORE THAN O NE 4
EMPLOYER AT THE TIME OF: 5
1. THE ACCIDENTAL PERSONAL INJURY; OR 6
2. THE LAST INJURIOUS EXPOSURE O F THE COVERED 7
EMPLOYEE TO THE HAZARDS OF AN OCCUPATIONAL DISEASE; AND 8
(II) AS A RESULT OF THE A CCIDENTAL PERSONAL I NJURY OR 9
OCCUPATIONAL DISEASE, IS UNABLE TO WORK AT ANY EMPLOYMENT THE COVERED 10
EMPLOYEE WAS ENGAGED IN AT THE TIME OF THE ACCIDENTAL PERSONAL INJURY 11
OR LAST INJURIOUS EXPOSURE. 12
(2) THE GROSS WEEKLY WAGES FROM TH E EMPLOYMENTS THE 13
COVERED EMPLOYEE WAS ENGAGED IN AT THE TI ME OF THE ACCIDENTAL 14
PERSONAL INJURY OR LAST INJURIOUS EX POSURE SHALL BE COMBINED FO R 15
PURPOSES OF COMPUTING THE AVERAG E WEEKLY WAGE OF THE COVERED 16
EMPLOYEE. 17
(3) THIS SUBSECTION MAY N OT BE INTERPRETED TO CREATE 18
LIABILITY TO PAY COMPENSATION ON THE PART OF ANOTHER EMPLOYER IN WHOSE 19
EMPLOYMENT THE ACCIDENTAL PERSONAL INJURY OR LAST INJURIOUS EXPOSURE 20
DID NOT OCCUR. 21
(c) For the purpose of computing the average weekly wage of an individual 22
engaged for fire fighting by the Department of Natural Resources who is a covered employee 23
under § 9–207 of this title, the wages of the covered employee shall be: 24
(1) the greater of: 25
(i) any salary or wages received by the covered employee for fire 26
fighting; or 27
(ii) [any salary or wages earned by the covered employee in other 28
employment at the time of the accidental personal injury or last injurious exposur e] IF 29
APPLICABLE, THE AVERAGE WEEKLY WAGE CALCULATED UNDER SUBSECTION (A–1) 30
OF THIS SECTION; or 31
HOUSE BILL 1486 3
(2) if the covered employee did not receive wages for fire fighting or from 1
other employment at the time of the accidental personal injury or last injurious exposure, 2
an amount that allows the minimum compensation or death benefits under this title. 3
[(l) (1) This subsection applies only to a covered employee who: 4
(i) has suffered: 5
1. a serious permanent partial disability under § 9 –630 of 6
this subtitle; or 7
2. a permanent total disability under § 9–637 of this subtitle; 8
(ii) was concurrently employed by more than one employer at the 9
time of the accidental personal injury; 10
(iii) worked, on average, 20 hours per week or less in the employment 11
in which the accidental personal injury occurred; and 12
(iv) as a result of the accidental personal injury, is unable to work at 13
any employment the covered employee was engaged in at the time of the accidental 14
personal injury or any similar type of employment. 15
(2) (i) If the covered employee earned weekly wages from another 16
employment that exceeded the weekly wages the covered employee earned from the 17
employment in which the accidental personal injury occurred, the average weekly wage of 18
the covered employee shall be based on the weekly wages the covered employee earned in 19
the other employment. 20
(ii) If the covered employee earned weekly wages from two or more 21
other employments and, for more than one of such employments, the weekly wages earned 22
by the employee exceeded the weekly wages of the covered employee from the employment 23
in which the accidental personal injury occurred, the average weekly wage of the covered 24
employee shall be based on weekly wages of the employment where the employe e earned 25
the highest wages. 26
(3) This subsection may not be interpreted as: 27
(i) except as provided in §§ 9 –630 and 9 –637 of this subtitle, 28
relieving from liability to pay compensation the employer in whose employment the 29
accidental personal injury occurred; 30
(ii) creating any liability to pay compensation on the part of another 31
employer in whose employment the accidental personal injury did not occur; or 32
4 HOUSE BILL 1486
(iii) requiring the weekly wages from the employments the employee 1
was engaged in at the time of the accidental personal injury to be combined for purposes of 2
computing the average weekly wage of the covered employee.] 3
9–630. 4
(b) (1) This subsection applies to the payment of weekly compensation 5
required under subsection (a) of this section if the average weekly wage of a covered 6
employee is computed under [§ 9–602(l)] § 9–602(A–1) of this subtitle. 7
(2) The employer in whose employment the accidental personal injury OR 8
LAST INJURIOUS EXPOS URE TO THE OCCUPATIO NAL DISEASE occurred, or the 9
employer’s insurer, shall pay the covered employee weekly compensation that is based on 10
the weekly wages of the covered employee at the employment in which the covered 11
employee was injured OR LAST EXPOSED. 12
(3) Subject to paragraph (4) of this subsection, any additional weekly 13
compensation resulting from computing the average weekly wage based on weekly wages 14
earned by the covered employee in other employment shall be payable in the first instance 15
by the employer in whose employment the employee was injured OR LAST EXPOSED, or 16
the employer’s insurer. 17
(4) Subject to any right of the Subsequent Injury Fund to be impleaded or 18
any right of the Subsequent Injury Fund to defend in a case involving payment from the 19
Subsequent Injury Fund created under Title 10, Subtitle 2 of this article, as allowable under 20
Subtitle 8 of this title, the Subsequent Injury Fund shall reimburse the employer in whose 21
employment the employee was injured OR LAST EXPOSED, or the employer’s insurer, the 22
amount of additional weekly compensation paid by the employer or insurer under 23
paragraph (3) of this subsection. 24
9–637. 25
(c) (1) This subsection applies to the payment of weekly compensation 26
required under subsection (a) of this section if the average weekly wage of a covered 27
employee is computed under [§ 9–602(l)] § 9–602(A–1) of this subtitle. 28
(2) The employer in whose employment the accidental personal injury OR 29
LAST INJURIOUS EXPOSURE T O THE OCCUPATIONAL DISEASE occurred, or the 30
employer’s insurer, shall pay the covered employee weekly compensation that is based on 31
the weekly wages of the covered employee at the employment in which the covered 32
employee was injured OR LAST EXPOSED. 33
(3) Subject to paragraph (4) of this subsection, any additional weekly 34
compensation resulting from computing the average weekly wage based on weekly wages 35
earned by the covered employee in other employment shall be payable in the first instance 36
HOUSE BILL 1486 5
by the employer in whose employment the employee was injured OR LAST EXPOSED, or 1
the employer’s insurer. 2
(4) Subject to any right of the Subsequent Injury Fund to be impleaded or 3
any right of the Subsequent Injury Fund to defend in a case involvin g payment from the 4
Subsequent Injury Fund created under Title 10, Subtitle 2 of this article, as allowable under 5
Subtitle 8 of this title, the Subsequent Injury Fund shall reimburse the employer in whose 6
employment the employee was injured OR LAST EXPOSED, or the employer’s insurer, the 7
amount of additional weekly compensation paid by the employer or insurer under 8
paragraph (3) of this subsection. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 10
apply only prospectively and may no t be applied or interpreted to have any effect on or 11
application to any claim arising from events occurring before the effective date of this Act. 12
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2026. 14