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WORKMEN'S COMP. COMM. v. P. & C. INS.

No. 31, September Term, 1988.

319 Md. 1 (1990)

570 A.2d 323

WORKMEN'S COMPENSATION COMMISSION v. PROPERTY & CASUALTY INSURANCE GUARANTY CORPORATION.

Court of Appeals of Maryland.

March 1, 1990.

Attorney(s) appearing for the Case

Julia M. Freit, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for petitioner.

Albert J. Mezzanotte, Jr. (J. Norris Byrnes, Philip B. Barnes, Whiteford, Taylor & Preston, all on brief), Towson, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

ELDRIDGE, Judge.

The issue in this case is whether assessments, which are levied against employers or their insurers for the purpose of funding the Subsequent Injury Fund (SIF) and the Uninsured Employers' Fund (UEF), are "taxes" or "fees" within the meaning of Maryland Code (1957, 1986 Repl.Vol.), Art. 48A, § 515.

I.

The SIF was created to insure that an employer, who has hired a handicapped worker, will be subject to worker's compensation...

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