(a)
(1) Subject to paragraph (2) of this subsection, if the wage earning capacity of a covered employee is less while temporarily partially disabled, the employer or its insurer shall pay the covered employee compensation that equals 50% of the difference between:
- (i) the average weekly wage of the covered employee; and
- (ii) the wage earning capacity of the covered employee in the same or other employment while temporarily partially disabled.
- (2) The compensation payable under paragraph (1) of this subsection may not exceed 50% of the State average weekly wage.
- (b) The employer or its insurer shall pay the weekly compensation for the period that the covered employee is temporarily partially disabled.
Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991.
Formerly Art. 101, § 36.