680                                              LAWS OF MARYLAND                                     Ch. 10

(iii) For purposes of this section, "seasonal
[and] OR migratory farm laborer" shall not include any person
who is employed within a 25-mile radius of his or her permanent
place of residence and for not more than 13 weeks per year.

22.

(a) Where an employee of an employer subject to this
article suffers from an occupational disease, and is thereby
disabled from performing his work in the last occupation in which
he was injuriously exposed to the hazards of such disease, or
dies as a result of such disease, and the disease was due to the
nature of the occupation or process in which he was employed
within the period previous to his disablement as limited in § 23
of this article, the employee; or, in case of his death, his
dependents shall be entitled to compensation in the amount and
payable in the manner provided elsewhere in this article, as if
the disablement or death were an injury by accident, except as
otherwise provided in [§§ 22 to 30] §§ 22, 23, 26, AND 27 , AND
39 of this article; and the practice and procedure prescribed
elsewhere in this article shall apply to proceedings for
compensation for the diseases, except as provided in [§§ 22 to
30, and §§] §§ 22, 23, 26, 27, 30, 52, 56, and 67 of this
article.

36.

Each employee (or in the case of death, his family or
dependents) entitled to receive compensation under this article
shall receive the same in accordance with the following schedule
and except as in this article otherwise provided, such payment
shall be in lieu of any and all rights of action whatsoever
against any person whomsoever.

(8) (a) In case the injury causes death within the period
of seven years from the date of the accident the benefits shall
be in the amounts and to the persons following: If there are
wholly dependent persons at the time of death, the payment shall
be sixty-six and two-thirds per centum of the average weekly
wages of the deceased employee, not to exceed, however, a maximum
of 100 percent of the average weekly wage of the State of
Maryland as determined by the Department of Employment Security,
as provided in § 36(2) of this article and not less than a
minimum of twenty-five dollars per week unless the deceased
employee's established weekly wages were less than twenty-five
dollars per week at the time of the injury in which event the
compensation shall be an amount equal to the average weekly
wages, and to continue to be paid during total dependency but not
to exceed $45,000.00, except as otherwise provided in this
section. If a surviving wife, husband, or child continues to be
totally dependent after the total amount of $45,000.00 has been
paid, further payments to the surviving wife, husband, or child
shall be paid at the same weekly rate during his or her total
dependency. If a surviving wife, husband, or child, except as
set forth in paragraph (d) herein, who is wholly dependent at the