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2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-724 - Location of Hearing

(a)    In this section, “governmental agency” includes:
(1)    a county;
(2)    a county board of education;
(3)    a statutory bicounty agency; and
(4)    an incorporated municipality.
(b)    Except as provided in subsection (c) of this section, a covered employee may elect to have a hearing on a claim of the covered employee held at:
(1)    a regional hearing location determined by the Commission to be convenient to all parties;
(2)    a regional hearing location that covers the county where the covered employee resided when the accidental personal injury, or compensable hernia, or last injurious exposure to the hazards of the occupational disease allegedly occurred; or
(3)    Baltimore City.
(c)    (1)    Unless the covered employee objects, if the employer is a governmental agency, the Commission shall conduct a hearing in the county in which the governmental agency is located, provided that hearings of the Commission are scheduled in that county.
(2)    If hearings are not conducted in the county in which the governmental agency is located, a hearing may be held in the regional hearing location nearest that county’s government offices.
(d)    A covered employee shall notify the Commission of an election under this section within 10 days after the parties are notified of the hearing.
(e)    The Commission may deny an election to hold a hearing in Baltimore City, if:
(1)    the accidental personal injury, compensable hernia, or last injurious exposure to the hazards of the occupational disease allegedly occurred outside of Baltimore City;
(2)    the covered employee did not reside in Baltimore City when the accidental personal injury, compensable hernia, or last injurious exposure to the hazards of the occupational disease allegedly occurred; and
(3)    the Commission finds that holding the hearing in Baltimore City would inconvenience a party.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-726 - Rehearing

(a)    Within 15 days after the date of a decision by the Commission, a party may file with the Commission a written motion for a rehearing.
(b)    A motion filed under subsection (a) of this section shall state the grounds for the motion.
(c)    A motion for rehearing does not stay:
(1)    the decision of the Commission; or
(2)    the right of another party to appeal from the decision.
(d)    (1)    Even if an appeal by another party is pending, the Commission promptly shall rule on a motion for rehearing.
(2)    The Commission may decide a motion for rehearing without granting a hearing on the motion.
(3)    The Commission may grant a motion for rehearing only on grounds of error of law or newly discovered evidence.
(e)    If the Commission grants a motion for rehearing, the Commission promptly shall hold the rehearing and pass an appropriate order, even if an appeal by another party is pending.
(f)    If a party files a motion for a rehearing in accordance with subsection (a) of this section, the time within which an appeal may be taken from the decision starts on:
(1)    the date on which the Commission mails notice of the denial of the motion for a rehearing; or
(2)    if the Commission grants the motion for rehearing, the date on which the Commission mails notice of an order under subsection (e) of this section.
(g)    (1)    If the Commission denies a motion for a rehearing, the Commission shall send a copy of the denial by first–class mail to each party’s attorney of record or, if the party is unrepresented, to the party.
(2)    If the Commission grants a motion for a rehearing, the Commission shall send a copy of the order issued in accordance with subsection (e) of this section, by first–class mail to each party’s attorney of record or, if the party is unrepresented, to the party.
(h)    (1)    If a court hears an appeal from the decision before the Commission rules on a motion for a rehearing under subsection (d) of this section or passes an order under subsection (e) of this section, the court shall determine each question of fact or law, including a question that is still before the Commission.
(2)    If a court hears an appeal after the Commission rules on a motion for a rehearing under subsection (d) of this section, the court shall determine each question of fact or law that arises under the original order and any later order that the Commission passes under subsection (e) of this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-728 - Failure to Pay Award -- Penalties

(a)    If the Commission finds that an employer or its insurer has failed, without good cause, to begin paying an award within 15 days after the later of the date that the award is issued or the date that payment of the award is due, the Commission shall assess against the employer or its insurer a fine not exceeding 20% of the amount of the payment.
(b)    If the Commission finds that an employer or its insurer has failed, without good cause, to begin paying an award within 30 days after the later of the date that the award is issued or the date that payment of the award is due, the Commission shall assess against the employer or its insurer a fine not exceeding 40% of the amount of the payment.
(c)    The Commission shall order the employer or insurer to pay a fine assessed under this section to the covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-729 - Lump-Sum Payments -- on Order of Commission

(a)    This section does not apply to a claim involving a temporary disability.
(b)    If the Commission finds that a lump-sum payment is warranted under the facts and circumstances of a claim, the Commission may order that compensation payable to a covered employee or the dependents of a covered employee be converted to a partial or total lump sum.
(c)    If the Commission grants a lump-sum payment under this section in a claim involving permanent total disability or death, the Commission shall:
(1)    reduce the weekly rate of compensation until the amount of the lump sum would have been paid if it had been paid in weekly payments; and
(2)    determine in the award:
(i)    the dollar amount and the number of weeks to be paid by the employer or its insurer at the reduced weekly rate; and
(ii)    if payments are made from the Subsequent Injury Fund, the dollar amount and the number of weeks to be paid by the Subsequent Injury Fund at the reduced weekly rate.
(d)    An award may not be discounted because of a lump-sum payment.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-730 - Lump-Sum Payments -- Conversion by Insurer or Self-Insurer

(a)    This section does not apply to compensation:
(1)    for a serious disability under § 9–630 of this title; or
(2)    payable by the Subsequent Injury Fund.
(b)    Subject to the consent of the Commission, an insurer or self–insurer may convert an award of compensation for permanent partial disability, minus any attorney’s fees, to a lump sum if the initial award did not exceed 51 weeks.
(c)    An award may not be discounted because of a lump–sum payment.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-731 - Fees for Legal Services, Funeral Expenses, and Medical Services, Supplies, or Treatment

(a)    (1)    Unless approved by the Commission, a person may not charge or collect a fee for:
(i)    legal services in connection with a claim under this title;
(ii)    medical services, supplies, or treatment provided under Subtitle 6, Part IX of this title; or
(iii)    funeral expenses under Subtitle 6, Part XIII of this title.
(2)    When the Commission approves a fee, the fee is a lien on the compensation awarded.
(3)    Notwithstanding paragraph (2) of this subsection, a fee shall be paid from an award of compensation only in the manner set by the Commission.
(b)    (1)    The Commission may order that a fee payable from compensation under subsection (a) of this section be paid in a lump sum.
(2)    If the Commission grants a lump-sum payment under paragraph (1) of this subsection, the Commission shall:
(i)    reduce the weekly rate of compensation until the amount of the lump sum would have been paid if it had been paid in weekly payments; and
(ii)    state in the award the dollar amount and the number of weeks that the reduced rate shall be paid by:
1.    the employer or its insurer; or
2.    if payments are made from the Subsequent Injury Fund, the Subsequent Injury Fund.
(c)    On application of a party, the Commission may:
(1)    hear and decide any question concerning legal services performed in connection with a claim; and
(2)    order a person who received a fee for legal services to refund to the payer any part of the fee that the Commission may find to be excessive.
(d)    An order of the Commission regulating payment or refund of payment for legal services may be enforced or appealed in the same manner as a compensation award.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-732 - Prohibition Against Assignment, Charge, Attachment, or Execution

Except as provided in Title 10 of the Family Law Article, before the issuance and delivery of a check or draft for any money payable under this title, the money may not be assigned, charged, or taken in attachment or execution.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-733 - Termination of Temporary Total Disability Benefits -- Notice

(a)    (1)    This section does not apply to a termination of temporary total disability benefits if:
(i)    the covered employee has returned to the current employment of the covered employee;
(ii)    a treating physician chosen by the covered employee has advised the covered employee that the covered employee has reached maximum improvement from the disability of the covered employee; or
(iii)    the termination is made after the termination date contained in an order of the Commission.
(2)    This section does not apply to a termination of medical benefits if:
(i)    the treatment by a physician or health care provider was not authorized by an insurer or self-insurer; or
(ii)    a treating physician or health care provider chosen by the covered employee has advised the covered employee that the covered employee has reached maximum medical improvement from the disability of the covered employee.
(b)    (1)    (i)    Before terminating the payment of temporary total disability benefits, an insurer or self-insurer shall give the covered employee written notice of the date that the benefits are to be terminated.
(ii)    Before terminating the payment of medical benefits, an insurer or self-insurer shall give the covered employee and the covered employee’s treating physician or health care provider written notice of the date that the benefits are to be terminated.
(2)    In the case of temporary total benefits, the notice shall accompany the final payment of temporary total disability benefits to the covered employee.
(c)    (1)    The notice of termination under this section shall state:
(i)    the reasons for the termination;
(ii)    that the covered employee has a right to request a hearing before the Commission on the issue of the termination; and
(iii)    the procedure and time for requesting a hearing.
(2)    In the case of medical benefits, a copy of any medical record or report relied upon by the insurer or self-insurer in making the termination shall be attached to the notice.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-735 - Prisoners

(a)    This section applies only to a prisoner who is a covered employee under § 9-221 of this title.
(b)    A prisoner who is permanently partially disabled or temporarily totally disabled shall file a claim with the Commission in accordance with this subtitle.
(c)    (1)    After a prisoner has filed a claim, the Commission shall decide any issue of coverage or compensability.
(2)    Until the prisoner is discharged by pardon, parole, or expiration of sentence, the Commission may not:
(i)    hold a hearing on or determine a permanent partial disability or permanent total disability of the prisoner; or
(ii)    make an award to the prisoner.
(d)    (1)    When the prisoner is discharged from a correctional institution, the institution promptly shall notify the Commission of the discharge.
(2)    Promptly after receiving notice under paragraph (1) of this subsection, the Commission shall schedule a hearing to determine the extent of any permanent partial or permanent total disability of the prisoner as of the date of discharge.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-736 - Readjustment; Continuing Powers and Jurisdiction; Modification

(a)    If aggravation, diminution, or termination of disability takes place or is discovered after the rate of compensation is set or compensation is terminated, the Commission, on the application of any party in interest or on its own motion, may:
(1)    readjust for future application the rate of compensation; or
(2)    if appropriate, terminate the payments.
(b)    (1)    The Commission has continuing powers and jurisdiction over each claim under this title.
(2)    Subject to paragraph (3) of this subsection, the Commission may modify any finding or order as the Commission considers justified.
(3)    Except as provided in subsection (c) of this section, the Commission may not modify an award unless the modification is applied for within 5 years after the latter of:
(i)    the date of the accident;
(ii)    the date of disablement; or
(iii)    the last compensation payment.
(c)    (1)    If it is established that a party failed to file an application for modification of an award because of fraud or facts and circumstances amounting to an estoppel, the party shall apply for modification of an award within 1 year after:
(i)    the date of discovery of the fraud; or
(ii)    the date when the facts and circumstances amounting to an estoppel ceased to operate.
(2)    Failure to file an application for modification in accordance with paragraph (1) of this subsection bars modification under this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-737 - Judicial Review -- Authorized

An employer, covered employee, dependent of a covered employee, or any other interested person aggrieved by a decision of the Commission, including the Subsequent Injury Fund and the Uninsured Employers’ Fund, may appeal from the decision of the Commission provided the appeal is filed within 30 days after the date of the mailing of the Commission’s order by:
(1)    filing a petition for judicial review in accordance with Title 7 of the Maryland Rules;
(2)    attaching to or including in the petition a certificate of service verifying that on the date of the filing a copy of the petition has been sent by first–class mail to the Commission and to each other party of record; and
(3)    on the date of the filing, serving copies of the petition by first–class mail on the Commission and each other party of record.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-738 - Venue

(a)    This section is not subject to the provisions set forth in § 6–201 of the Courts Article.
(b)    To take an appeal, a person shall file an order of appeal with the circuit court for the county where:
(1)    the covered employee resides;
(2)    the employer has its principal place of business; or
(3)    the accidental personal injury, compensable hernia, or last injurious exposure to the hazards of the occupational disease occurred.
(c)    If an appeal is taken to a circuit court that does not have jurisdiction, the court shall transfer the appeal to the proper circuit court on the motion of a party.
(d)    If a party to an appeal suggests in writing and under oath that the party cannot obtain a fair trial in the circuit court in which the appeal is pending, the circuit court shall transfer the appeal to another circuit court.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-739 - Record, Statement in Place of Record, or Stipulation

(a)    A certified copy of the record of the proceedings of the Commission, including any transcript of testimony, a statement of facts in place of the record, or stipulations shall be filed with the circuit court in accordance with Title 7 of the Maryland Rules.
(b)    Subject to a final allocation of costs by the circuit court at the conclusion of the appeal, the cost of a certified copy of the record of the proceedings of the Commission, including a transcript of testimony, shall be paid:
(1)    if the court on its own initiative orders that a copy be filed, by the party that the court specifies in its order; or
(2)    unless the court orders otherwise, by the party that requests the copy.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-742 - Jurisdiction of Commission Pending Appeal

(a)    The Commission retains jurisdiction pending an appeal to consider:
(1)    a request for additional medical treatment and attention;
(2)    a request for temporary total disability benefits, provided that the covered employee’s temporary total disability benefits were granted in the order on appeal, and were terminated by the insurer or self–insurer pending adjudication or resolution of the appeal; and
(3)    a request for approval of a proposed settlement of all or part of a claim.
(b)    (1)    If the Commission finds that a covered employee needs additional medical attention pending an appeal, the Commission may pass a supplemental order requiring the employer to provide additional medical treatment and attention.
(2)    If the Commission finds that a covered employee’s temporary total disability benefits were terminated pending adjudication or resolution of the appeal, and that the employee was temporarily totally disabled at the time of termination, the Commission may pass a supplemental order requiring the employer to provide the employee with temporary total disability benefits.
(3)    If the Commission’s decision to reinstate temporary total disability benefits is reversed or modified on appeal, the insurer or self–insurer shall be entitled to an offset or credit for overpayment of the temporary total disability benefits granted in the supplemental order.
(c)    A supplemental order passed by the Commission under this section is subject to review on the pending appeal.
(d)    When an appeal that is pending relates solely to a penalty imposed by the Commission, the Commission retains jurisdiction over all matters in the case other than imposition of the penalty.
(e)    This section may not be construed to prevent the Commission from ordering an offset or credit against an award for temporary total or permanent partial disability benefits for any temporary total disability benefits previously paid to a covered employee, as authorized under any other provision of this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-745 - Conduct of Appeal Proceedings

(a)    The proceedings in an appeal shall:
(1)    be informal and summary; and
(2)    provide each party a full opportunity to be heard.
(b)    In each court proceeding under this title:
(1)    the decision of the Commission is presumed to be prima facie correct; and
(2)    the party challenging the decision has the burden of proof.
(c)    The court shall determine whether the Commission:
(1)    justly considered all of the facts about the accidental personal injury, occupational disease, or compensable hernia;
(2)    exceeded the powers granted to it under this title; or
(3)    misconstrued the law and facts applicable in the case decided.
(d)    On a motion of any party filed with the clerk of the court in accordance with the practice in civil cases, the court shall submit to a jury any question of fact involved in the case.
(e)    (1)    If the court determines that the Commission acted within its powers and correctly construed the law and facts, the court shall confirm the decision of the Commission.
(2)    If the court determines that the Commission did not act within its powers or did not correctly construe the law and facts, the court shall reverse or modify the decision or remand the case to the Commission for further proceedings.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-748 - Interest on Compensation

When, on appeal, compensation is awarded by an affirmance, modification, or reversal of an order of the Commission, the covered employee is entitled to interest on the compensation awarded at 6% a year on each installment of compensation not paid as it:
(1)    becomes payable under the award of the Commission; or
(2)    would have become payable if the Commission had awarded the same amount of compensation when it passed the order from which the appeal is taken.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 8 - Subsequent Injuries › Section 9-801 - Statement of Intent

When a covered employee has a permanent impairment, suffers a subsequent accidental personal injury, occupational disease, or compensable hernia resulting in permanent partial or permanent total disability, and otherwise meets the requirements of this subtitle, it is the intent of this subtitle that the total compensation to which the covered employee is entitled equals the amount of compensation that would be payable for the combined effects of:
(1)    the previous impairment; and
(2)    the subsequent accidental personal injury, occupational disease, or compensable hernia.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 8 - Subsequent Injuries › Section 9-802 - Compensation From Subsequent Injury Fund -- Permanent Disability

(a)    If a covered employee has a permanent impairment and suffers a subsequent accidental personal injury, occupational disease, or compensable hernia resulting in permanent partial or permanent total disability that is substantially greater due to the combined effects of the previous impairment and the subsequent compensable event than it would have been from the subsequent compensable event alone, the employer or its insurer is liable only for the compensation payable under this title for the subsequent accidental personal injury, occupational disease, or compensable hernia.
(b)    In addition to the compensation for which an employer or its insurer is liable, the covered employee is entitled to compensation from the Subsequent Injury Fund if:
(1)    the covered employee has a permanent impairment due to a previous accident, disease, or congenital condition that is or is likely to be a hindrance or obstacle to the employment of the covered employee;
(2)    the covered employee suffers a subsequent compensable accidental personal injury, occupational disease, or compensable hernia resulting in permanent partial or permanent total disability that is substantially greater due to the combined effects of the previous impairment and the subsequent compensable event than it would have been from the subsequent compensable event alone;
(3)    the combined effects of the previous impairment and the subsequent accidental personal injury, occupational disease, or compensable hernia result in a permanent disability exceeding 50% of the body as a whole; and
(4)    the previous impairment, as determined by the Commission at the time of the subsequent compensable event, and the subsequent accidental personal injury, occupational disease, or compensable hernia are each compensable for at least 125 weeks.
(c)    Compensation from the Subsequent Injury Fund shall be paid after the completion of payments of compensation by the employer or its insurer.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 8 - Subsequent Injuries › Section 9-803 - Compensation From Subsequent Injury Fund -- Death

(a)    If a covered employee who has a permanent impairment due to a previous accident, disease, or congenital condition that is or is likely to be a hindrance or obstacle to the employment of the covered employee dies due in part to the previous impairment and in part to a subsequent accidental personal injury, occupational disease, or compensable hernia, the Commission shall determine the portion of death that is reasonably attributable to:
(1)    the previous impairment; and
(2)    the subsequent accidental personal injury, occupational disease, or compensable hernia.
(b)    The employer or its insurer is liable for the compensation payable for the portion of the death of the covered employee that is reasonably attributable to the subsequent accidental personal injury, occupational disease, or compensable hernia.
(c)    The Subsequent Injury Fund is liable for the remainder of the compensation payable as in cases of death resulting solely from an accidental personal injury, occupational disease, or compensable hernia.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 8 - Subsequent Injuries › Section 9-804 - Awards

(a)    In an award against the Subsequent Injury Fund, the Commission shall find specifically:
(1)    the amount of the weekly payments to the covered employee;
(2)    the number of weeks of compensation to be paid;
(3)    the date when the Subsequent Injury Fund shall begin payments; and
(4)    if possible, the period for which payments are to continue.
(b)    (1)    When the Commission makes an award against the Subsequent Injury Fund, if the prior permanent disability contributes to the covered employee’s current permanent disability, the Commission shall deduct from the award the amount of all prior permanent disability payments received by the covered employee under:
(i)    each prior award for permanent disability made by the Commission or a similar unit in another state; or
(ii)    any prior final compromise and settlement agreement approved by the Commission or a similar unit in another state.
(2)    In the case of a permanent total disability under Subtitle 6, Part V of this title, the deduction shall be made by reducing the weekly rate of compensation in accordance with § 9-729 of this title until the amount of the prior permanent disability payments awarded would have been paid if they had been paid in weekly payments.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 8 - Subsequent Injuries › Section 9-805 - Waiver Not a Bar

A waiver executed under § 9-657 of this title by a covered employee who previously has lost or lost the use of a hand, arm, foot, leg, or eye is not a bar to benefits under this subtitle if the covered employee becomes permanently and totally disabled because of the loss or loss of use of a hand, arm, foot, leg, or eye due to an accidental personal injury, occupational disease, or compensable hernia.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 8 - Subsequent Injuries › Section 9-806 - Assessments

(a)    (1)    The Commission shall impose an assessment of 6.5%, payable to the Subsequent Injury Fund, on:
(i)    each award against an employer or its insurer for permanent disability or death, including awards for disfigurement and mutilation;
(ii)    except as provided in paragraph (2) of this subsection, each amount payable by an employer or its insurer under a settlement agreement approved by the Commission; and
(iii)    each amount payable under item (i) or (ii) of this paragraph by the Property and Casualty Guaranty Corporation on behalf of an insolvent insurer.
(2)    The amount of medical benefits specified in a formal set–aside allocation that is part of an approved settlement agreement shall be excluded from the assessment imposed by the Commission under paragraph (1)(ii) of this subsection if:
(i)    1.    the amount of medical benefits is in excess of $50,000; and
2.    the payment of medical benefits by the employer or its insurer is directly to an authorized insurer that provides periodic payments to the covered employee pursuant to a single premium annuity; or
(ii)    1.    the amount of medical benefits is in any amount; and
2.    the payment of medical benefits by the employer or its insurer is to an independent third–party administrator that controls and pays the medical services in accordance with the formal set–aside allocation, provided there is no reversionary interest to the covered employee or the covered employee’s beneficiaries.
(3)    (i)    On or before July 1, 2014, and on or before July 1 each year thereafter, an employer or its insurer that is liable for payment of an assessment imposed under this section shall notify the Subsequent Injury Fund of the current billing address to which notices of payment shall be sent.
(ii)    An employer or its insurer that has provided notice under subparagraph (i) of this paragraph shall notify the Subsequent Injury Fund of any change of billing address within 30 days of the change of address.
(b)    In computing the amount of an assessment, the Commission shall round off any fractional dollar to the nearest whole dollar.
(c)    Payment of an assessment under this section is in addition to any payment of compensation to a covered employee who has sustained an accidental personal injury, occupational disease, or compensable hernia or a dependent of the covered employee, as provided in this title.
(d)    (1)    The Director of the Subsequent Injury Fund promptly shall remit to the State Treasurer each payment of assessment received by the Subsequent Injury Fund.
(2)    The State Treasurer shall hold, manage, and disburse the money in accordance with Title 10, Subtitle 2 of this article.
(e)    The assessment imposed under this section is for payment of claims submitted to the Subsequent Injury Fund and is not a tax intended to benefit the State.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 8 - Subsequent Injuries › Section 9-807 - Impleader

(a)    In any case involving payment from the Subsequent Injury Fund, the Commission or any party in interest shall:
(1)    give written notice to the State Treasurer or the attorney for the Subsequent Injury Fund that the Subsequent Injury Fund is or may be involved in the case; and
(2)    implead the Fund, in writing, as a party.
(b)    (1)    The Subsequent Injury Fund may be impleaded at any stage of the proceedings:
(i)    before the Commission; or
(ii)    on appeal.
(2)    If the Subsequent Injury Fund is impleaded on appeal before a circuit court or the Court of Special Appeals, the court:
(i)    as to an impleader filed at least 60 days before the scheduled trial in the circuit court or at least 60 days before the hearing in the Court of Special Appeals, shall:
1.    suspend further proceedings; and
2.    remand the case to the Commission for further proceedings to give the Subsequent Injury Fund an opportunity to defend against the claim; and
(ii)    as to an impleader filed less than 60 days before the trial in the circuit court or less than 60 days before the hearing in the Court of Special Appeals, may for good cause shown:
1.    suspend further proceedings; and
2.    remand the case to the Commission for further proceedings to give the Subsequent Injury Fund an opportunity to defend against the claim.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 9 - Liability of Third Parties › Section 9-901 - Choice of Proceeding Against Third Party or Employer

When a person other than an employer is liable for the injury or death of a covered employee for which compensation is payable under this title, the covered employee or, in case of death, the personal representative or dependents of the covered employee may:
(1)    file a claim for compensation against the employer under this title; or
(2)    bring an action for damages against the person liable for the injury or death or, in case of joint tort feasors, against each joint tort feasor.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 9 - Liability of Third Parties › Section 9-903 - Effect of Receipt of Amount in Action

(a)    Except as provided in subsection (b) of this section, if a covered employee or the dependents of a covered employee receive an amount in an action:
(1)    the amount is in place of any award that otherwise could be made under this title; and
(2)    the case is finally closed and settled.
(b)    If the amount of damages received by the covered employee or the dependents of the covered employee is less than the amount that the covered employee or dependents would otherwise be entitled to receive under this title, the covered employee or dependents may reopen the claim for compensation to recover the difference between:
(1)    the amount of damages received by the covered employee or dependents; and
(2)    the full amount of compensation that otherwise would be payable under this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the Uninsured Employers’ Fund Board.
(c)    “Director” means the Director of the Board.
(d)    “Fund” means the Uninsured Employers’ Fund.
(e)    “Uninsured employer” means an employer who fails to secure payment of compensation to the covered employees of the employer in accordance with § 9-402 of this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1002 - Payment From Uninsured Employers' Fund

(a)    An award is payable out of the Fund in accordance with this section.
(b)    Unless an application for review has been timely filed under subsection (g) of this section or a notice of appeal timely served, an employer is in default on a claim by a covered employee or the dependents of a covered employee if the employer fails to:
(1)    secure payment of compensation in accordance with § 9-402 of this title;
(2)    except for a governmental self-insurance group authorized by § 9-404 of this title, deposit security in accordance with § 9-405 of this title that is:
(i)    sufficient to cover a claim by a covered employee; and
(ii)    at least $100,000; and
(3)    pay compensation in accordance with an award within 30 days after the date of the award.
(c)    If an employer is in default under subsection (b) of this section, promptly after the expiration of 30 days after the date of the award, the Commission shall notify the employer that:
(1)    the employer is in default; and
(2)    the license or permit of the employer to do business in the State may be suspended.
(d)    (1)    On receipt of a notice of default, an employer promptly shall pay the award.
(2)    To object to an award, the employer, within 30 days after receipt of the notice of default, shall notify the Commission of the reasons why the employer objects to the award.
(3)    The notice of objection by the employer to the Commission serves as an application for review under subsection (g) of this section.
(e)    If the employer does not pay the award and does not notify the Commission of its objection to the award in accordance with subsection (d) of this section, the covered employee or the dependents of the covered employee may apply to the Director for payment from the Fund.
(f)    On receipt of an application for payment, the Fund may:
(1)    pay the award; or
(2)    apply for review under subsection (g) of this section.
(g)    (1)    The provisions of Subtitle 7 of this title about procedure and the right to appeal apply to:
(i)    a covered employee or the dependents of a covered employee who file a claim;
(ii)    the uninsured employer; and
(iii)    the Fund.
(2)    The right of review of the Fund includes:
(i)    raising issues;
(ii)    discovery; and
(iii)    a hearing before the Commission.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1003 - Subrogation to Rights of Claimant

(a)    If the Fund makes payment to a covered employee or the dependents of a covered employee as directed by the Commission, the Fund is subrogated to the rights of the covered employee or dependents against the uninsured employer.
(b)    The Fund may:
(1)    institute a civil action to recover the money paid under the award;
(2)    refer the matter to the appropriate authority for prosecution under § 9-1108 of this title; or
(3)    do both.
(c)    Notwithstanding any other provision of law, if the uninsured employer is a corporation the assets of which are not sufficient to satisfy an award, any officer of the corporation who has responsibility for the general management of the corporation in the State is jointly and severally liable for payment of the award if the corporate officer knowingly failed to secure workers’ compensation insurance.
(d)    Notwithstanding any other provision of law, if the uninsured employer is a limited liability company the assets of which are not sufficient to satisfy an award, any member of the company who has responsibility for the general management of the limited liability company in the State is jointly and severally liable for payment of the award if a member of the limited liability company who has general management responsibility knowingly failed to secure workers’ compensation insurance.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1004 - Subrogation to Rights of Uninsured Employer

(a)    If the Fund pays compensation to a covered employee or the dependents of a covered employee, the Fund is subrogated to the rights of the uninsured employer under this title.
(b)    If the Fund and the uninsured employer both have paid compensation to or on behalf of a covered employee or the dependents of a covered employee, the Fund shall apply any money that it recovers from a third party:
(1)    first, to repayment of the award paid by the Fund;
(2)    second, to any unsatisfied demand for security and to assessments imposed against the uninsured employer under this subtitle; and
(3)    finally, to the uninsured employer.
(c)    If the Fund and the uninsured employer both have paid compensation to or on behalf of a covered employee or the dependents of a covered employee, and the Fund recovers money from a third party exceeding the amount of compensation awarded to the covered employee or the dependents and the reasonable and necessary expenses incurred in making the recovery, the Fund shall:
(1)    apportion the excess amount between the covered employee or the dependents and the Fund; and
(2)    use the balance to:
(i)    first, reimburse the Fund for its reasonable and necessary expenditures in making the recovery;
(ii)    second, repay any award paid by the Fund;
(iii)    third, satisfy any unsatisfied demand for security or assessments imposed against the uninsured employer under this subtitle; and
(iv)    finally, return the remainder to the uninsured employer.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1005 - Assessment Against Uninsured Employer

(a)    (1)    When the Commission makes a decision on a claim for compensation against an uninsured employer, the Commission shall impose against the uninsured employer an assessment of:
(i)    at least $500 but not exceeding $1,000; and
(ii)    15% of any award made in the claim, not exceeding $5,000 in any 1 claim.
(2)    (i)    Notwithstanding any other provision of law, if the uninsured employer is a corporation the assets of which are not sufficient to satisfy an assessment, any officer of the corporation who has responsibility for the general management of the corporation in the State is jointly and severally liable for the assessment if the corporate officer knowingly failed to secure workers’ compensation insurance.
(ii)    Notwithstanding any other provision of law, if the uninsured employer is a limited liability company the assets of which are not sufficient to satisfy an assessment, any member of the limited liability company who has responsibility for the general management of the limited liability company in the State is jointly and severally liable for the assessment if a member of the limited liability company who has general management responsibility knowingly failed to secure workers’ compensation insurance.
(b)    The Commission shall direct payment of an assessment under subsection (a) of this section into the Fund.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1006 - Assessment Against Insurer

(a)    The Commission may assess an insurer $300 if:
(1)    the insurer fails to comply with the requirements of the Commission about certification of insurance with the Commission; and
(2)    the Commission finds that the Fund or the Commission was required to investigate or attend a hearing to determine whether an employer has insurance.
(b)    The Commission may assess the insurer an additional $300 for each subsequent failure to comply with the insurance certification requirements of the Commission.
(c)    The Commission shall direct payment of an assessment under subsection (a) or (b) of this section into the Fund.
(d)    If an insurer fails to comply with the insurance certification requirements of the Commissioner 5 times in a fiscal year, the Commission may:
(1)    notify the Insurance Commissioner; and
(2)    request that the insurer show cause why the Insurance Commissioner should not impose sanctions under § 4-113(d) of the Insurance Article.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1007 - Assessment on Awards and Settlements

(a)    (1)    Except as provided in subsection (b) of this section, the Commission shall impose against an employer or, if insured, its insurer an assessment equal to 1% of:
(i)    each award against the employer for permanent disability or death, including awards for disfigurement or mutilation; and
(ii)    except as provided in paragraph (2) of this subsection, each amount payable by the employer or its insurer under a settlement agreement approved by the Commission.
(2)    The amount of medical benefits specified in a formal set–aside allocation that is part of an approved settlement agreement shall be excluded from the assessment imposed by the Commission under paragraph (1)(ii) of this subsection if:
(i)    1.    the amount of medical benefits is in excess of $50,000; and
2.    the payment of medical benefits by the employer or its insurer is directly to an authorized insurer that provides periodic payments to the covered employee pursuant to a single premium annuity; or
(ii)    1.    the amount of medical benefits is in any amount; and
2.    the payment of medical benefits by the employer or its insurer is to an independent third–party administrator that controls and pays the medical services in accordance with the formal set–aside allocation, provided there is no reversionary interest to the covered employee or the covered employee’s beneficiaries.
(3)    (i)    Notwithstanding any other provision of law, if the employer is a corporation the assets of which are not sufficient to satisfy an assessment, any officer of the corporation who has responsibility for the general management of the corporation in the State is jointly and severally liable for the assessment if the corporate officer knowingly failed to secure workers’ compensation insurance.
(ii)    Notwithstanding any other provision of law, if the employer is a limited liability company the assets of which are not sufficient to satisfy an assessment, any member of the limited liability company who has responsibility for the general management of the limited liability company in the State is jointly and severally liable for the assessment if a member of the limited liability company who has general management responsibility knowingly failed to secure workers’ compensation insurance.
(b)    Notwithstanding the limit on the balance of the Fund under § 9–1011 of this subtitle, if the Board determines that the reserves of the Fund are inadequate to meet anticipated losses, the Board may direct the Commission to assess an additional 1% under subsection (a) of this section.
(c)    Any fractional dollar of payment under this section shall be rounded off to the nearest whole dollar.
(d)    The Commission shall direct payment of an assessment under subsection (a) or (b) of this section into the Fund.
(e)    Payments under this section are in addition to the payment of compensation to a covered employee or the dependents of a covered employee under this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1008 - Assessment -- Compensation Abated or Not Awarded; Death Without Dependent

(a)    This section does not apply to an award against the Subsequent Injury Fund.
(b)    The Commission shall impose an assessment of 10%, not exceeding $4,500, against compensation awarded or likely to be awarded against an insured or self-insured employer and not paid if the Commission determines that the compensation is not awarded or is abated because of:
(1)    death; or
(2)    lack of a covered employee or a dependent of a covered employee eligible for the compensation.
(c)    On expiration of the time period within which a claim may be filed under this title, the Commission shall assess the insurer or self-insured employer $4,500 if a covered employee dies:
(1)    due to an accidental personal injury or occupational disease; and
(2)    without any surviving dependent.
(d)    The Commission shall direct payment of an assessment under subsection (b) or (c) of this section into the Fund.