reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-231.1 - Volunteer -- Unit of State Government

(a)    A volunteer worker for a unit of State government is a covered employee.
(b)    For the purposes of this title, the State is the employer of an individual who is a covered employee under this section.
(c)    Notwithstanding any other provision of this title, benefits provided under this section shall consist only of medical services and treatment under Subtitle 6, Part IX of this title for a compensable injury.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-232 - Volunteer -- Civil Defense

(a)    Each regularly enrolled volunteer member or trainee of the Maryland Department of Emergency Management established under the Maryland Emergency Management Act is a covered employee.
(b)    For the purposes of this title, the State is the employer of each individual who is a covered employee under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-233 - Volunteer -- Deputy Sheriff in Cecil County; Police Officer in Frederick County; Auxiliary Volunteer in Charles County Sheriff's Office

(a)    Each volunteer deputy sheriff of Cecil County is a covered employee while performing work assigned by the sheriff of the county.
(b)    Each volunteer police officer of Frederick County is a covered employee entitled to medical benefits under §§ 9–660 and 9–661 of this title while performing work assigned by the Sheriff of Frederick County.
(c)    Each auxiliary volunteer of the Charles County Sheriff’s Office is a covered employee while performing work assigned by the Sheriff of the county.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-236 - Service in Course of Business, Occupation, Profession, or Trade of Employer

An individual is a covered employee while performing a service for compensation in the course of the business, occupation, profession, or trade of an employer if, in relation to the service, the individual:
(1)    does not maintain a separate business;
(2)    neither represents to the public that the individual provides the service nor provides the service to the public; and
(3)    does not have a covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-303 - Chairman

(a)    From among the members of the Commission, the Governor shall appoint a chairman.
(b)    (1)    The Chairman is the administrative and executive head of the Commission.
(2)    Subject to paragraph (3) of this subsection, the Chairman has final authority over:
(i)    the administrative work of the Commission and its employees; and
(ii)    the assignment of cases for hearing.
(3)    The Chairman does not have final authority over:
(i)    the adoption of regulations by the Commission; or
(ii)    the conduct of hearings and the determination of cases by the other members of the Commission.
(c)    The Chairman shall conduct hearings unless the hearings interfere with the adequate and efficient performance of the administrative and executive functions of the Chairman.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-304 - Full-Time Duties; Compensation

(a)    (1)    Each member of the Commission shall devote full time to the duties of office.
(2)    While on the Commission, a member may not:
(i)    practice law;
(ii)    hold any political employment under State or federal law; or
(iii)    hold any other position or engage in any business that interferes or is inconsistent with any duty of office.
(b)    (1)    Each member of the Commission is entitled to:
(i)    the salary provided in the State budget; and
(ii)    reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(2)    The annual salary of a member of the Commission:
(i)    shall at least equal the salary provided in the State budget for a judge of the district court; and
(ii)    for the Chairman, shall be at least $1,500 more than the salary of the other members.
(3)    Except as provided in paragraphs (1) and (2) of this subsection, a member of the Commission may not receive a fee or perquisite for the discharge of any duty of office.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-305 - Staff

(a)    (1)    The Chairman of the Commission may employ a staff for the Commission in accordance with the State budget.
(2)    Except as otherwise provided by law, the staff is in the State Personnel Management System.
(b)    The Secretary of the Commission shall:
(1)    perform each duty that the Chairman of the Commission assigns; and
(2)    keep, at the principal office of the Commission, a public record of:
(i)    each proceeding of the Commission, including:
1.    each claim that the Commission considers; and
2.    each award that the Commission allows to an employee or any person for a service;
(ii)    each document required to be submitted by the Commission or by a regulation of the Commission;
(iii)    each decision of the Commission; and
(iv)    each order passed by the Commission.
(c)    The Chairman may designate another employee of the Commission to exercise the powers and carry out the duties of the Secretary whenever the Secretary is absent.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-307 - Hours

(a)    Except for legal holidays, the Commission shall be in session continuously and open for business during business hours Monday through Friday.
(b)    Each session shall be open to the public.
(c)    The Commission may adjourn without recording notice of the adjournment in the record of proceedings.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-308 - Hearings; Decisions; Orders; Transmission of Orders

(a)    Any member of the Commission may conduct a hearing or other investigation for the Commission.
(b)    A decision or order of a member of the Commission shall be considered a decision or order of the Commission.
(c)    A copy of each decision or order shall be sent to each party’s attorney of record and to each unrepresented party:
(1)    by first–class mail; or
(2)    by electronic means, if the party’s attorney of record consents or, if the party is unrepresented, the party consents.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-309 - Miscellaneous Powers and Duties

(a)    The Commission may adopt regulations to carry out this title.
(b)    To carry out this title, a member of the Commission, the Secretary of the Commission, a special examiner, or an inspector may:
(1)    administer an oath; or
(2)    certify to an official act.
(c)    (1)    To carry out this title, a member of the Commission, the Secretary of the Commission, a special examiner, or any inspector may take a deposition as provided by law.
(2)    In an investigation, the Commission may cause the deposition of a witness to be taken as provided by law.
(d)    (1)    The Commission shall have a seal inscribed with the words “Workers’ Compensation Commission, State of Maryland -- Official Seal”.
(2)    The Commission shall use the seal for the authentication of its awards, orders, and proceedings.
(e)    The Commission may approve the form of a workers’ compensation insurance policy under § 19-402 of the Insurance Article.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-310 - Determination of Amount of Penalty or Fine

In determining the amount of a financial penalty or fine to be imposed under this title, the Commission, in a fair and equitable manner, shall consider:
(1)    the seriousness and effect of the violation;
(2)    the good faith of the violator;
(3)    the violator’s history of previous violations; and
(4)    the ability of the violator to pay.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-310.1 - Benefits Wrongfully Obtained; Reimbursement; Interest

(a)    In any administrative action before the Commission, if it is established by a preponderance of the evidence that a person has knowingly obtained benefits under this title to which the person is not entitled, the Commission shall order the person to reimburse the insurer, self–insured employer, the Uninsured Employers’ Fund, or the Subsequent Injury Fund for the amount of all benefits that the person knowingly obtained and to which the person is not entitled.
(b)    An order of reimbursement required under subsection (a) of this section shall include interest on the amount ordered to be reimbursed at a rate of 1.5% per month from the date the Commission notifies the person of the amount to be reimbursed.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-310.2 - Referral of Certain Fraud Cases to Insurance Fraud Division; Reports

(a)    In any administrative action before the Commission, if it is established by a preponderance of the evidence that a person knowingly affected or knowingly attempted to affect the payment of compensation, fees, or expenses under this title by means of a fraudulent representation, the Commission shall refer the case on the person to the Insurance Fraud Division in the Maryland Insurance Administration.
(b)    In its annual report under § 9-312 of this subtitle, the Commission shall report the number of cases referred to the Insurance Fraud Division in the Maryland Insurance Administration under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-311 - Subpoenas

(a)    To carry out this title, a member of the Commission, the Secretary of the Commission, a special examiner, or an inspector may issue a subpoena for the attendance of a witness to testify or the production of a relevant document or record.
(b)    On request of a party to a proceeding before the Commission, the Commission shall issue a subpoena for a hearing before the Commission for:
(1)    personal appearance of a witness; or
(2)    a deposition by the party, as authorized under § 9–719 of this title.
(c)    On a request of a party to a claim on which issues are currently pending, the Commission shall issue a subpoena for relevant documentation to be produced at the office of the requesting party and distributed to all parties to the claim in accordance with regulations adopted by the Commission.
(d)    If the Commission, after an evidentiary hearing, determines that a subpoena was requested in bad faith, the Commission may assess against the requesting party the whole cost of the proceeding, including reasonable attorney’s fees.
(e)    An officer who serves a subpoena issued under this section is entitled to the same fee as the sheriff in the county where the witness is subpoenaed would be entitled.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-312 - Reports of Commission

(a)    As soon as practicable after the end of the fiscal year, the Chairman of the Commission shall submit an annual report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
(b)    The annual report shall include:
(1)    any suggestions to improve the administration of this title;
(2)    a detailed statement of receipts and disbursements of the Commission; and
(3)    statistical analyses of:
(i)    the costs of workers’ compensation;
(ii)    experiences; and
(iii)    industrial injuries.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-313 - Reports and Analyses of Insurance Provider

(a)    The Commission may require an insurer or a self–insurer to submit a report or analysis that the Commission considers useful to increase public understanding of the purpose, administrative procedures, costs, coverage, or effectiveness of workers’ compensation in the State.
(b)    (1)    Each insurer and each self–insurer, that provides workers’ compensation insurance in the State, shall submit a quarterly case payment report to the Commission:
(i)    on the printed forms or computer tapes provided to the insurer or self–insurer by the Commission, including a specially designated printed form or computer tape for the last case payment report for each covered employee; and
(ii)    that includes all information required by the Commission or an explanation of why any required information is omitted from the report.
(2)    An insurer or a self–insurer who is required to submit a report under paragraph (1) of this subsection shall submit the report within 40 days after the date on which the Commission mails the printed forms or computer tapes to the insurer or self–insurer.
(c)    The Commission may assess a fine not exceeding $1,000 against an insurer or a self–insurer if the insurer or self–insurer:
(1)    fails to timely file a report under subsection (b) of this section; or
(2)    files a report under subsection (b) of this section that includes inaccurate or insufficient information.
(d)    If the Commission determines that, after due diligence an insurer or a self–insurer is unable to timely submit the report required under subsection (b) of this section, the Commission may:
(1)    waive the fine specified under subsection (c) of this section; and
(2)    grant the insurer or self–insurer the additional time that may be necessary.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-314 - Forms

(a)    The Commission shall provide employers, without charge, blank forms for:
(1)    an application for benefits;
(2)    notice of compensation;
(3)    proof of employment and wage earnings;
(4)    proof of death;
(5)    proof of injury;
(6)    proof of medical attendance; and
(7)    any other purpose that the Commission considers proper and advisable.
(b)    The Commission shall adopt regulations that provide for distribution and ready availability of the forms required under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-317 - Advisory Committee

(a)    There is an Advisory Committee on the budget of the Commission.
(b)    (1)    The Advisory Committee consists of 12 members, appointed by the Governor with the advice and consent of the Senate.
(2)    Each member appointed by the Governor serves at the pleasure of the Governor.
(3)    The Governor shall appoint a chairman from among the members of the Advisory Committee.
(c)    In making the appointments, the Governor shall:
(1)    ensure that each geographic region of the State is represented;
(2)    ensure that various disciplines within the workers’ compensation community are represented, including:
(i)    business;
(ii)    labor;
(iii)    the insurance industry;
(iv)    the vocational rehabilitation industry;
(v)    the medical profession;
(vi)    claimants’ bar; and
(vii)    defense bar; and
(3)    consider, in consultation with the chairman, the recommendations made by representatives of each of these disciplines.
(d)    (1)    The term of an appointed member is 3 years.
(2)    The terms of members are staggered.
(3)    A member may be reappointed.
(4)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(5)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(e)    Members of the Advisory Committee shall serve without compensation, but each member shall be reimbursed for necessary travel and other expenses incurred in the performance of official committee duties in accordance with the Standard State Travel Regulations.
(f)    The Commission shall provide meeting space, budget analysis, and staff support for the Advisory Committee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-318 - Operating Budget

(a)    By September 1 of each year, the Commission shall prepare a tentative operating budget for the next fiscal year and submit it to the Advisory Committee established under § 9-317 of this subtitle.
(b)    By November 1 of each year, the Advisory Committee shall review the tentative operating budget and make recommendations to the Commission as to any changes in any budget area of the Commission.
(c)    The Commission shall give due consideration to the recommendations of the Advisory Committee prior to submitting the Commission’s final budget to the Governor.
(d)    By December 1 of each year, the Advisory Committee shall submit a report to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly on the recommendations that it made to the Commission on the Commission’s next fiscal year budget.
(e)    The Governor shall give due consideration to the recommendations of the Advisory Committee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 3 - State Workers' Compensation Commission › Section 9-319 - Workers' Compensation Fund

(a)    There is a Workers’ Compensation Fund that consists of:
(1)    all revenue received through the imposition and collection of the assessment tax under § 9-316 of this subtitle;
(2)    income from investments that the Treasurer makes for the State Fund; and
(3)    any other fee, examination assessment, or revenue received by the Commission under this title.
(b)    Notwithstanding subsection (a) of this section, the Commission shall pay all fines and penalties collected by the Commission under this title into the General Fund of the State.
(c)    The purpose of the Fund is to pay:
(1)    the costs and expenses incurred by the Commission that are related to the operation of the Commission, including:
(i)    expenditures authorized under this title;
(ii)    the cost of State employees specifically assigned to the Commission; and
(iii)    reasonable expenses incurred by the Advisory Committee on the budget of the Commission established under § 9-317 of this subtitle; and
(2)    any other expense authorized in the State budget, including costs specified under § 9-315 of this subtitle.
(d)    (1)    All the costs and expenses of the Commission shall be included in the State budget.
(2)    Any expenditures from the Fund to cover costs and expenses of the Commission may only be made:
(i)    with an appropriation from the Fund approved by the General Assembly in the annual State budget; or
(ii)    by the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article.
(3)    (i)    If, in any given fiscal year, the amount of the revenue collected by the Commission and deposited into the Fund exceeds the actual appropriation for the Commission, plus an additional 1 percent provision for unanticipated expenditures over the actual appropriation for the Commission, the excess amount shall be carried forward within the Fund for the purpose of reducing the assessment fee imposed by the Commission for the following fiscal year.
(ii)    If, in any given year, the amount of revenue collected by the Commission and deposited into the Fund is insufficient to cover the expenditures of the Commission because of an unforeseen emergency and expenditures are made in accordance with the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article, an additional assessment for the expenditures may be made.
(e)    (1)    The State Treasurer is the custodian of the Fund.
(2)    The State Treasurer shall deposit payments received from the Commission into the Fund.
(f)    (1)    The Fund is a continuing, nonlapsing fund and is not subject to § 7-302 of the State Finance and Procurement Article, and may not be deemed a part of the General Fund of the State.
(2)    Unless otherwise provided by law, no part of the Fund may revert or be credited to:
(i)    the General Fund of the State; or
(ii)    a special fund of the State.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 4 - Insurance Coverage › Section 9-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Authorized insurer” means a stock corporation or mutual association that is authorized under the Insurance Article to provide workers’ compensation insurance in the State.
(c)    “Governmental self-insurance group” means a group of governmental employers that self-insures in accordance with § 9-404 of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 4 - Insurance Coverage › Section 9-402 - Coverage Required

(a)    Subject to subsections (b) through (f) of this section, each employer shall secure compensation for all covered employees of the employer by:
(1)    maintaining insurance with an authorized insurer;
(2)    participating in a governmental self–insurance group that meets the requirements of § 9–404 of this subtitle;
(3)    participating in a self–insurance group of private employers that meets the requirements of Title 25, Subtitle 3 of the Insurance Article;
(4)    maintaining self–insurance for an individual employer in accordance with §  9–405 of this subtitle; or
(5)    having a county board of education or private noncollegiate institution secure compensation under § 8–402(c) or § 7–114(d) of the Education Article.
(b)    The State shall secure compensation for jurors by maintaining insurance with the Chesapeake Employers’ Insurance Company and paying to the Company the premiums set by the Board for the Company as necessary to provide compensation for jurors.
(c)    The Adjutant General shall secure compensation for officers and enlisted members of the organized militia of the State by maintaining insurance with the Chesapeake Employers’ Insurance Company or an authorized insurer.
(d)    A licensed owner or trainer of a racehorse who is considered an employer under § 9–212 of this title is in compliance with the requirements of this subtitle if the owner or trainer is in compliance with the requirements of § 11–906 of the Business Regulation Article.
(e)    The Secretary of Human Services shall secure compensation for a recipient of public assistance who is a covered employee under § 9–224 of this title by maintaining insurance with the Chesapeake Employers’ Insurance Company and paying to the Company the premiums set by the Board for the Company as necessary to provide compensation for those individuals.
(f)    Anne Arundel, Kent, and Prince George’s counties shall secure compensation for members of a volunteer fire company or volunteer rescue squad by maintaining insurance with the Chesapeake Employers’ Insurance Company or an authorized insurer.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 4 - Insurance Coverage › Section 9-402.1 - Failure to Properly Classify Employee

(a)    In this section, “knowingly” means having actual knowledge, deliberate ignorance, or reckless disregard for the truth.
(b)    An employer may not fail to properly classify an individual as an employee.
(c)    If the Commission determines that an employer failed to properly classify an individual as an employee, the Commission shall order the employer to secure compensation for the covered employee in accordance with § 9–407 of this subtitle.
(d)    If the Commission determines that an employer knowingly failed to properly classify an individual as an employee, the Commission shall, in conformance with § 9–310 of this title, assess a civil penalty of not more than $5,000.
(e)    (1)    A person may not knowingly advise an employer to take action for the purpose of violating this section.
(2)    A person found in violation of this subsection shall be subject to a civil penalty of not more than $20,000.
(f)    An employer found to have knowingly violated this section who has also been found previously to have knowingly violated this section by a final order of a court or administrative unit may be assessed double the administrative penalties set forth in subsection (d) of this section for the new violation.
(g)    (1)    An employer may be assessed civil penalties by only one order of a court or administrative unit for the same actions constituting a knowing failure to properly classify an individual as an employee.
(2)    Notwithstanding paragraph (1) of this subsection, an employer may be ordered to make restitution, pay any interest due, and otherwise comply with all applicable laws and regulations by orders of a court, the Commission, and all other relevant administrative units, including the Comptroller, the Office of Unemployment Insurance, the Insurance Administration, and the Division of Labor and Industry.
(h)    If the Commission determines that an employer has failed to properly classify an individual as an employee, the Commission shall promptly notify the Office of Unemployment Insurance, the Division of Labor and Industry, the insurer, if any, the Insurance Administration, and the Comptroller.
(i)    As authorized by State and federal law, units within the Maryland Department of Labor and the Department of Budget and Management, the Secretary of State, the Comptroller, the Insurance Administration, and other State agencies shall cooperate and share information concerning any suspected violation of this title.
(j)    The Commission may adopt regulations to carry out this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 4 - Insurance Coverage › Section 9-403 - Approval of Self-Insurance Plan

(a)    An employer who wishes to self–insure under § 9–402(a)(4) of this subtitle and a governmental self–insurance group that wishes to establish joint self–insurance coverage under § 9–402(a)(2) of this subtitle shall get the approval of the Commission for the self–insurance plan of the employer or governmental self–insurance group.
(b)    To get the approval of the Commission for a self–insurance plan, an employer or a governmental self–insurance group shall apply to the Commission.
(c)    The Commission may approve or deny the use of a self–insurance plan by an employer or a governmental self–insurance group.
(d)    If the Commission denies the use of a self–insurance plan by an employer or governmental self–insurance group, the employer or governmental self–insurance group may apply to the Commission for approval to use another self–insurance plan.
(e)    The Commission may revoke or modify its approval for use of a self–insurance plan if the Commission determines that revoking or modifying approval is reasonably necessary:
(1)    to secure compensation; or
(2)    except for a public service corporation under the jurisdiction of the Public Service Commission, to prevent or otherwise to reduce accidents.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 4 - Insurance Coverage › Section 9-406 - Commission -- Exercise of Discretion

In exercising the discretion granted to the Commission by this subtitle, the Commission shall consider:
(1)    each condition or fact about security and prompt payment of compensation, including:
(i)    the financial strength of the employer;
(ii)    the number of covered employees of the employer;
(iii)    the degree of hazard for covered employees of the employer;
(iv)    the likelihood that several covered employees will be injured or killed in the same accident; and
(v)    if the employer wants to use an authorized insurer, the reputation of the authorized insurer for fair and prompt settlement of claims for compensation; and
(2)    except for a public service corporation under the jurisdiction of the Public Service Commission, each condition or fact about prevention of accidents, including the relative effect of each method authorized under this subtitle on the employer and covered employees of the employer.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 4 - Insurance Coverage › Section 9-408 - Restrictions on Agreements

(a)    Any agreement of an employer that indemnifies the employer for damage or loss due to the injury of an employee caused by accidental personal injury, occupational disease, or negligence of the employer or an agent, officer, or servant of the employer is void unless the agreement also covers the liability of the employer to pay compensation under this title.
(b)    An agreement by a covered employee to pay to or for an employer any part of a premium for coverage under this title is void.
(c)    A letter of credit issued under this subtitle shall contain:
(1)    a provision that the letter of credit is irrevocable for the term specified;
(2)    a provision that the letter of credit renews automatically at the end of the term unless written notice of nonrenewal is sent by the financial institution to the Commission by registered mail at least 60 days before the date of expiration;
(3)    a statement that the letter of credit is not subject to any condition or qualification; and
(4)    a statement that the letter of credit is governed by the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 4 - Insurance Coverage › Section 9-410 - Workers' Compensation Insurer Office and Personnel Requirements

(a)    An insurer that provides workers’ compensation insurance in the State shall have in the State competent individuals who:
(1)    handle and adjust each disputed workers’ compensation claim in the State for the insurer; and
(2)    possess the knowledge and experience to handle and adjust each disputed claim.
(b)    An insurer that provides workers’ compensation insurance in the State shall establish a toll-free telephone number through which an insured or claimant, or a representative of an insured or claimant, may make direct telephone inquiries during regular business hours.
(c)    The Commission may assess a fine not exceeding $1,000 on an insurer that does not comply with this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 5 - Entitlement to and Liability for Compensation › Section 9-501 - Accidental Personal Injury

(a)    Except as otherwise provided, each employer of a covered employee shall provide compensation in accordance with this title to:
(1)    the covered employee for an accidental personal injury sustained by the covered employee; or
(2)    the dependents of the covered employee for death of the covered employee:
(i)    resulting from an accidental personal injury sustained by the covered employee; and
(ii)    occurring within 7 years after the date of the accidental personal injury.
(b)    An employer is liable to provide compensation in accordance with subsection (a) of this section, regardless of fault as to a cause of the accidental personal injury.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 5 - Entitlement to and Liability for Compensation › Section 9-502 - Occupational Disease -- Compensation

(a)    In this section, “disablement” means the event of a covered employee becoming partially or totally incapacitated:
(1)    because of an occupational disease; and
(2)    from performing the work of the covered employee in the last occupation in which the covered employee was injuriously exposed to the hazards of the occupational disease.
(b)    Subsection (c) of this section applies only to:
(1)    the employer in whose employment the covered employee was last injuriously exposed to the hazards of the occupational disease; and
(2)    the insurer liable for the risk when the covered employee, while employed by the employer, was last injuriously exposed to the hazards of the occupational disease.
(c)    Subject to subsection (d) of this section and except as otherwise provided, an employer and insurer to whom this subsection applies shall provide compensation in accordance with this title to:
(1)    a covered employee of the employer for disability of the covered employee resulting from an occupational disease; or
(2)    the dependents of the covered employee for death of the covered employee resulting from an occupational disease.
(d)    An employer and insurer are liable to provide compensation under subsection (c) of this section only if:
(1)    the occupational disease that caused the death or disability:
(i)    is due to the nature of an employment in which hazards of the occupational disease exist and the covered employee was employed before the date of disablement; or
(ii)    has manifestations that are consistent with those known to result from exposure to a biological, chemical, or physical agent that is attributable to the type of employment in which the covered employee was employed before the date of disablement; and
(2)    on the weight of the evidence, it reasonably may be concluded that the occupational disease was incurred as a result of the employment of the covered employee.
(e)    A covered employee or a dependent of the covered employee is not entitled to compensation for a disability or death that results from an occupational disease if, when the covered employee began employment with the employer, the covered employee falsely represented in writing that the covered employee had not been disabled, laid off, or compensated in damages or otherwise, due to the occupational disease for which the covered employee or dependent is seeking compensation.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 5 - Entitlement to and Liability for Compensation › Section 9-504 - Hernia

(a)    Except as otherwise provided, an employer shall provide compensation in accordance with this title to a covered employee for a hernia caused by an accidental personal injury or by a strain arising out of and in the course of employment if:
(1)    the covered employee provides definite proof that satisfies the Commission that:
(i)    the hernia did not exist before the accidental personal injury or strain occurred; or
(ii)    as a result of the accidental personal injury or strain, a preexisting hernia has become so aggravated, incarcerated, or strangulated that an immediate operation is needed; and
(2)    notwithstanding any other provision of this title about notice, the accidental personal injury or strain was reported to the employer within 45 days after its occurrence.
(b)    If a covered employee fails to file a claim for compensation for a hernia caused by an accidental personal injury within the time period required under § 9–709(a) of this title, the covered employee may file the claim within 2 years after the date the accidental personal injury occurred unless the employer or its insurer has been prejudiced by the failure.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 5 - Entitlement to and Liability for Compensation › Section 9-505 - Occupational Deafness

(a)    Except as otherwise provided, an employer shall provide compensation in accordance with this title to a covered employee for loss of hearing by the covered employee due to industrial noise in the frequencies of 500, 1,000, 2,000, and 3,000 hertz.
(b)    An employer is not liable for compensation for occupational deafness under subsection (a) of this section unless the covered employee claiming benefits worked for the employer in employment that exposed the covered employee to harmful noise for at least 90 days.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 5 - Entitlement to and Liability for Compensation › Section 9-509 - Exclusivity of Compensation

(a)    Except as otherwise provided in this title, the liability of an employer under this title is exclusive.
(b)    Except as otherwise provided in this title, the compensation provided under this title to a covered employee or the dependents of a covered employee is in place of any right of action against any person.
(c)    (1)    If an employer fails to secure compensation in accordance with this title, a covered employee who has sustained an accidental personal injury, compensable hernia, or occupational disease or, in case of death, the personal representative of the covered employee may:
(i)    bring a claim for compensation under this title; or
(ii)    bring an action for damages.
(2)    In an action of a covered employee or personal representative under this subsection, an employer may not plead as a defense that:
(i)    the covered employee assumed the risk of employment;
(ii)    the covered employee was contributorily negligent; or
(iii)    the negligence of a fellow servant caused the accidental personal injury, compensable hernia, or occupational disease.
(d)    If a covered employee is injured or killed as the result of the deliberate intent of the employer to injure or kill the covered employee, the covered employee or, in the case of death, a surviving spouse, child, or dependent of the covered employee may:
(1)    bring a claim for compensation under this title; or
(2)    bring an action for damages against the employer.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 5 - Entitlement to and Liability for Compensation › Section 9-510 - Action After Repeal or Invalidation of Provisions

(a)    Except as provided in subsection (b) of this section, if the provisions of this title that provide compensation for an accidental personal injury, compensable hernia, or occupational disease are adjudicated invalid or repealed, a covered employee or a dependent of a covered employee, who would have been entitled to compensation, may bring any action within the earlier of:
(1)    1 year after the adjudication or repeal; or
(2)    the time allowed by law for bringing any action for an accidental personal injury, compensable hernia, or occupational disease, not counting the time between the occurrence of the accidental personal injury, compensable hernia, or occupational disease or resulting death and the adjudication or repeal.
(b)    An individual may not bring an action for damages for an accidental personal injury, compensable hernia, or occupational disease under this section if compensation for the accidental personal injury, compensable hernia, or occupational disease has been paid in full under this title, either by lump sum or periodic payment.
(c)    Compensation paid under this title shall be credited against a judgment in an action under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part I - General Provisions › Section 9-601 - Construction of Subtitle

A provision of this subtitle may not be construed to change:
(1)    a law relating to an accidental personal injury or an occupational disease, that occurred before the effective date of the provision and for which a claim is made under this title; or
(2)    the payment basis in effect when an accidental personal injury or an occupational disease, for which a claim is made under this title, occurred.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part I - General Provisions › Section 9-603 - State Average Weekly Wage

On or before December 15 of each year, the Maryland Department of Labor shall:
(1)    determine the State average weekly wage as of July 1 of that year; and
(2)    report the State average weekly wage to the Commission.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part I - General Provisions › Section 9-604 - Computation of Compensation

(a)    The Commission shall compute all compensation awarded under this title in accordance with the applicable schedule in this subtitle.
(b)    In computing the rate of compensation, the Commission shall round off any fractional dollar of compensation to the next higher dollar.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part I - General Provisions › Section 9-606 - Illegally Employed Minor -- Double Compensation

(a)    In a claim involving a minor who is employed illegally under State law, the Commission may double the amount of compensation and death benefits authorized by this title.
(b)    When the Commission awards double compensation or death benefits under subsection (a) of this section:
(1)    the employer of the minor is solely liable for the increased amount of compensation or death benefits; and
(2)    an insurance policy may not provide for payment or indemnification of the employer of the minor for payment of the increased amount of compensation or death benefits.
(c)    For purposes of this title, a certificate of the Commissioner of Labor and Industry is conclusive evidence of the legality of any employment of a minor.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part I - General Provisions › Section 9-607 - Prisoner

(a)    The Commission may not award compensation to a prisoner who is a covered employee under § 9-221 of this title until the prisoner is discharged by pardon, parole, or expiration of sentence.
(b)    If a prisoner dies from an accidental personal injury, the dependents of the prisoner are entitled to compensation under this title, based on the average weekly wage of the prisoner.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part I - General Provisions › Section 9-608 - Occupational Disease -- Partial Cause of Death or Disability

(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.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part I - General Provisions › Section 9-609 - Receipt of Compensation or Damages Under Law of Another State

If a covered employee or the dependents of a covered employee receive compensation or damages under the law of another state, this title may not be construed to allow a total compensation for the same accidental personal injury or occupational disease that is greater than the total compensation provided under this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part I - General Provisions › Section 9-610 - Offset Against Other Benefits

(a)    (1)    Except for benefits subject to an offset under § 29-118 of the State Personnel and Pensions Article, if a statute, charter, ordinance, resolution, regulation, or policy, regardless of whether part of a pension system, provides a benefit to a covered employee of a governmental unit or a quasi-public corporation that is subject to this title under § 9-201(2) of this title or, in case of death, to the dependents of the covered employee, payment of the benefit by the employer satisfies, to the extent of the payment, the liability of the employer and the Subsequent Injury Fund for payment of similar benefits under this title.
(2)    If a benefit paid under paragraph (1) of this subsection is less than the benefits provided under this title, the employer, the Subsequent Injury Fund, or both shall provide an additional benefit that equals the difference between the benefit paid under paragraph (1) of this subsection and the benefits provided under this title.
(3)    The computation of an additional benefit payable under paragraph (2) of this section shall be done at the time of the initial award and may not include any cost of living adjustment after the initial award.
(b)    (1)    If federal law provides benefits for an individual who is a covered employee of the Military Department of the State under § 9-215 of this title that are equal to or greater than the benefits provided by this title, the covered employee is not entitled to benefits under this title.
(2)    If federal law provides benefits for a covered employee of the Military Department of the State that are less than the benefits provided by this title, the State and its insurer shall provide an additional benefit that equals the difference between the benefit provided by federal law and the similar benefit provided by this title.
(c)    (1)    The Commission may:
(i)    determine whether any benefit provided by the employer is equal to or greater than any benefit provided for in this title; and
(ii)    make an award against the employer or the Subsequent Injury Fund or both to provide an additional benefit that equals the difference between the benefit provided by the employer and the benefits required by this title.
(2)    A claim that comes under this section is subject to the continuing powers and jurisdiction of the Commission.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part I - General Provisions › Section 9-610.1 - Offsets or Credits Against Permanent Partial Disability Awards

The Workers’ Compensation Commission may order an offset or credit against an award for permanent partial disability benefits for:
(1)    any vocational rehabilitation benefits previously provided to a covered employee; or
(2)    any temporary total disability benefits previously paid to a covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part II - Temporary Partial Disability › Section 9-615 - Payment of Compensation

(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.