reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-683 - Apportionment and Payment of Death Benefits

(a)    This section applies only to a covered employee of a municipal corporation or a county who is subject to § 9–503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9–683.6 of this subtitle.
(b)    If there are multiple dependents entitled to death benefits, the Commission may apportion an award of death benefits among the dependents in the manner that the Commission considers just and equitable.
(c)    If there are wholly and partly dependent individuals entitled to death benefits, the Commission may:
(1)    award the death benefits to the wholly dependent individuals only; or
(2)    apportion the award among the wholly and partly dependent individuals in the manner that the Commission considers to be fair and equitable under all of the facts and circumstances of the case.
(d)    (1)    Death benefits shall be paid to 1 or more of the dependents of a covered employee who are entitled to death benefits, as determined by the Commission, for the benefit of all of the dependents who are entitled to death benefits.
(2)    A dependent to whom death benefits are paid shall apply the death benefits to the use of all of the dependents who are entitled to death benefits:
(i)    according to the respective claims of the dependents on the deceased covered employee for support; and
(ii)    in compliance with the findings and direction of the Commission.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-683.1 - Determination of Dependency

(a)    This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9–503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9–683.6 of this subtitle.
(b)    Except as otherwise provided in this subtitle, the Commission shall determine all questions of dependency in accordance with the facts of each case that existed:
(1)    at the time of the occurrence of the accidental personal injury that caused the death of the covered employee; or
(2)    on the date of disablement from the occupational disease that caused the death of the covered employee.
(c)    Notwithstanding subsection (b) of this section, the Commission may determine the question of dependency of a child of a covered employee born after:
(1)    the time of the occurrence of the accidental personal injury that caused the death of the covered employee;
(2)    the date of disablement from the occupational disease that caused the death of the covered employee; or
(3)    the death of the covered employee resulting from the accidental personal injury or occupational disease.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-683.2 - Compensation Prohibited

(a)    This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9–503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9–683.6 of this subtitle.
(b)    The surviving spouse of a deceased covered employee whose death was caused by an accidental personal injury or an occupational disease is not entitled to death benefits under this title if the surviving spouse and the covered employee were married after the time of the occurrence of the accidental personal injury or the date of disablement from the occupational disease.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-683.4 - Continuing Jurisdiction

(a)    This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9–503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9–683.6 of this subtitle.
(b)    The Commission has continuing jurisdiction to:
(1)    suspend, reallocate, or terminate payments of compensation in accordance with this part; and
(2)    reinstate payments of compensation that have been suspended or terminated under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-683.5 - Apportionment and Payment of Death Benefits

(a)    This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9–503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9–683.6 of this subtitle.
(b)    If there are multiple dependents entitled to death benefits, the Commission may apportion an award of death benefits among the dependents in the manner that the Commission considers just and equitable.
(c)    (1)    Death benefits shall be paid to 1 or more of the dependents of a covered employee who are entitled to death benefits, as determined by the Commission, for the benefit of all of the dependents who are entitled to death benefits.
(2)    A dependent to whom death benefits are paid shall apply the death benefits to the use of all of the dependents who are entitled to death benefits:
(i)    according to the respective claims of the dependents of the deceased covered employee for support; and
(ii)    in compliance with the findings and direction of the Commission.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-683.6 - Election by Municipal Corporation or County

(a)    A municipal corporation or county may make a one–time election to make their covered employees who are subject to § 9–503 of this title and their dependents subject to §§ 9–683.1 through 9–683.5 of this subtitle.
(b)    To make the election described under subsection (a) of this section, the governing body of the municipal corporation or county shall:
(1)    adopt an ordinance or resolution stating that it is the intent of the governing body to exercise the right of election; and
(2)    forward a copy of the ordinance or resolution to the Commission.
(c)    On receipt of a copy of the resolution, the Commission shall acknowledge receipt of the ordinance or resolution to the municipal corporation or county.
(d)    Once the Commission has acknowledged receipt of the ordinance or resolution, any workers’ compensation case arising on or after the date of acknowledgement and involving a covered employee of the municipal corporation or county who is subject to § 9–503 of this title and the dependents of the covered employee shall be subject to §§ 9–683.1 through 9–683.5 of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-684 - Liability When No Dependents

If there are no dependents, the liability of an employer or its insurer shall be limited to:
(1)    medical services or treatment under Part IX of this subtitle;
(2)    funeral benefits under Part XIII of this subtitle; and
(3)    assessments under § 9-1008 of this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-685 - Survival of Death Benefits

If a dependent of a covered employee dies, the right to any death benefit that is payable to the dependent and unpaid on the date of death of the dependent:
(1)    shall survive and be vested in the surviving dependents of the covered employee, as determined by the Commission; and
(2)    if there are no surviving dependents of the covered employee, shall not survive.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-686 - Nonresident Alien Dependent

(a)    A dependent of a covered employee who is a nonresident alien may be officially represented by a consular officer of the nation of which the dependent is a citizen or subject.
(b)    If a consular officer represents a nonresident alien dependent:
(1)    the consular officer shall have the right to receive all death benefits awarded to the dependent for distribution to the dependent; and
(2)    receipt of death benefits by the consular officer is a full discharge of the amounts paid to and received by the consular officer.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XIII - Funeral Benefits › Section 9-689 - Funeral Benefits

(a)    The employer or its insurer shall pay reasonable funeral expenses of a deceased covered employee, not exceeding $7,000, if the covered employee died as a result of:
(1)    an accidental personal injury, within 7 years of the accidental personal injury; or
(2)    an occupational disease.
(b)    Unless approved by the Commission, a bill for funeral expenses of more than $7,000 is void and uncollectable out of:
(1)    workers’ compensation benefits payable with respect to the deceased covered employee; or
(2)    personal assets of any person to whom workers’ compensation benefits are payable with respect to the deceased covered employee.
(c)    If there are no dependents, the employer or its insurer shall pay the expenses of the last sickness and funeral expenses of the covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Advisory Committee” means the Advisory Committee on the Registration of Rehabilitation Practitioners.
(c)    “Registration” means the authorization of a rehabilitation practitioner to provide vocational rehabilitation services.
(d)    (1)    “Rehabilitation practitioner” means an individual who provides vocational rehabilitation services.
(2)    “Rehabilitation practitioner” includes:
(i)    a nurse certified by the State Board of Nursing as a nurse case manager;
(ii)    a rehabilitation counselor; and
(iii)    a vocational evaluator.
(e)    “State Department of Education, Division of Rehabilitation Services” means the State agency designated to administer the public vocational rehabilitation services program.
(f)    “Vocational rehabilitation services” has the meaning stated in § 9–670 of this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-03 - Registration Generally

(a)    The State Department of Education, Division of Rehabilitation Services, shall be registered with the Commission to provide vocational rehabilitation services under this subtitle.
(b)    Rehabilitation specialists employed by the State Department of Education, Division of Rehabilitation Services, are not required to register individually to provide vocational rehabilitation services to clients of the Division.
(c)    (1)    Employers of rehabilitation practitioners are not required to register individually for their business to provide vocational rehabilitation services.
(2)    Exemption of registration applies only to those employers who are not registered rehabilitation practitioners.
(3)    Exempt employers may not individually provide vocational rehabilitation services.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-04 - Enforcement of Subtitle

(a)    This subtitle does not limit the right of any individual to engage in a health occupation that the individual otherwise is authorized to engage in under the Health Occupations Article.
(b)    The Commission has the authority to adopt and enforce rules and regulations regarding the standards of practice of rehabilitation counselors and vocational evaluators.
(c)    Violation of the rules and regulations adopted or enforced by the Commission or the State Board of Nursing in accordance with this title by a rehabilitation practitioner shall be grounds for denial of a registration to any applicant, or suspension or revocation of a registrant’s registration pursuant to §§ 9-6A-15 and 9-6A-16 of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-05 - Advisory Committee on Registration of Rehabilitation Practitioners

(a)    There is an Advisory Committee on the Registration of Rehabilitation Practitioners within the Commission.
(b)    The Advisory Committee consists of seven members appointed by the Commission in accordance with this section.
(c)    (1)    The Advisory Committee shall be comprised of registered rehabilitation practitioners, who are registered with the Commission under this subtitle.
(2)    The Commission shall appoint members of the Advisory Committee so that its membership reflects the geographic, racial, ethnic, and gender makeup of the population of the State.
(d)    The term of an Advisory Committee member is 3 years.
(e)    In making appointments to the Advisory Committee, the Commission shall provide for continuity and rotation through a staggering of terms.
(f)    A majority of the fully authorized Advisory Committee is a quorum.
(g)    The Advisory Committee shall meet at the request of the Commission.
(h)    In addition to the duties set forth elsewhere in this title, the Advisory Committee shall:
(1)    review applications for registration submitted to the Commission whenever further clarification regarding the applicant is requested by the Commission; and
(2)    after review and evaluation, provide recommendations to the Commission chairman on the applicant.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-06 - Payment for Services

(a)    A rehabilitation practitioner shall be registered with the Commission before the practitioner may receive payment under this title for providing vocational rehabilitation services.
(b)    Any employer not registered by the Commission, but contracting on behalf of registered rehabilitation practitioners may receive payment for providing vocational rehabilitation services.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-07 - Commission Powers; Fees

(a)    In addition to any powers set forth elsewhere, the Commission may adopt any regulation to carry out this subtitle.
(b)    (1)    Subject to paragraph (2) of this subsection, the Commission shall establish reasonable fees for registration, registration renewal, and any other service performed by the Commission necessary to carry out the provisions of this subtitle.
(2)    (i)    The fees established by the Commission shall be set in a manner that will produce funds sufficient to cover the actual direct and indirect costs of regulating the rehabilitation practitioner industry in this State in accordance with the provisions of this subtitle.
(ii)    The fee for registration may not exceed $165.
(3)    The Commission shall pay all money collected under this subtitle into a special fund to be used only to fund the actual direct and indirect costs of regulating the rehabilitation practitioner industry in this State in accordance with the provisions of this subtitle.
(4)    Any surplus remaining in the special fund at the end of the fiscal year shall be used to reduce the registration fee for the following fiscal year.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-08 - Individual Registration Requirements

(a)    To qualify for registration, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant shall:
(1)    be at least 18 years old; and
(2)    satisfy the education, experience, and supervision requirements of § 9-6A-09 of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-09 - Education, Experience, and Supervision Requirements

(a)    To qualify for registration, a nurse case manager shall be certified as such by the State Board of Nursing.
(b)    To qualify for registration, a rehabilitation counselor shall:
(1)    have a bachelor’s degree from an accredited institution in rehabilitation counseling, human services, psychology, or a related field with at least 1 year of work experience in a human services occupation;
(2)    have a master’s or doctoral degree in rehabilitation counseling, human services, psychology, education, or a related field; or
(3)    be a certified rehabilitation counselor, certified vocational evaluator, certified disability management specialist, hold an equivalent national certification that is acceptable to the Commission, or have met all of the education and experience requirements to be eligible to be certified.
(c)    To qualify for registration, a vocational evaluator shall:
(1)    have a bachelor’s degree from an accredited institution in vocational evaluation, rehabilitation psychology, human services, education, or a related field with 1 year of work experience in that field;
(2)    have a master’s or doctoral degree in rehabilitation, vocational evaluation, psychology, human services, education, or a related field; or
(3)    be certified or have met all of the educational and experience requirements to be eligible to be certified in vocational evaluation by the Commission on certification of work adjustment and vocational evaluation specialists, or have met all of the education and experience requirements to be eligible for certification.
(d)    In addition to the requirements of subsections (b) and (c) of this section:
(1)    a rehabilitation counselor who has met the education requirements under subsection (b)(1) or (2) of this section to qualify for registration shall work under the administrative supervision of a certified rehabilitation counselor, certified vocational evaluator, certified disability management specialist, certified case manager, or certified rehabilitation registered nurse; and
(2)    a vocational evaluator who has met the education requirements under subsection (c)(1) or (2) of this section shall work under the administrative supervision of a certified vocational evaluator, certified rehabilitation counselor, certified disability management specialist, certified case manager, or certified rehabilitation registered nurse.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-11 - Waiver of Requirements

(a)    Subject to the provisions of this section, the Commission may waive any requirements of this subtitle for a rehabilitation practitioner who applies for registration to provide vocational rehabilitation services.
(b)    The Commission may grant a waiver under this section only if the applicant provides vocational rehabilitation services to less than three covered employees in a given year.
(c)    Any other waiver that is granted shall be in accordance with regulations approved by the Commission.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-14 - Expiration and Renewal of Registration

(a)    A registration expires on the date set by the Commission, unless the registration is renewed for an additional term as provided in this section. A registration may not be renewed for a term longer than 3 years.
(b)    At least 1 month before a registration expires, the Commission shall send to the registrant, by first-class mail to the last known address of the registrant:
(1)    a renewal application form; and
(2)    a renewal notice that states:
(i)    the date on which the current registration expires;
(ii)    the date by which the Commission must receive the renewal application in order that the renewed registration may be issued and mailed before the current registration expires; and
(iii)    the amount of the registration and renewal fee.
(c)    Before a registration expires, the registrant may renew the registration for an additional 3-year term, if the registrant:
(1)    is entitled under this subtitle to be registered;
(2)    pays to the Commission the renewal fee set by the Commission; and
(3)    provides satisfactory evidence of compliance with continuing education requirements and other qualifications and requirements specified under this subtitle for registration renewal.
(d)    The Commission shall renew the registration of any registrant who meets the requirements of this section.
(e)    Each registrant shall give the Commission written notice of any change of address.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-15 - Fraudulent Practices in Connection With Registration

(a)    The Commission may deny registration to any applicant, reprimand any registrant, or suspend or revoke any registration if the applicant or registrant:
(1)    fraudulently or deceptively obtains or attempts to obtain a registration for the applicant or for another;
(2)    fraudulently or deceptively uses a registration; or
(3)    does not comply with the rules and regulations governing the standards of practice with regard to the delivery of vocational rehabilitation services.
(b)    The Commission may review the status of any rehabilitation practitioner registered under this subtitle at any time.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-16 - Hearings

(a)    Before the Commission takes any final action under § 9-6A-15 of this subtitle, the Commission shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commission.
(b)    The individual may be represented at the hearing by counsel.
(c)    The Commission:
(1)    shall give notice and hold a hearing in accordance with hearing regulations adopted by the Commission;
(2)    may administer oaths in connection with any proceeding under this section; and
(3)    may issue subpoenas in connection with any proceeding under this section.
(d)    If an individual fails to comply with a subpoena issued under this section, on petition of the Commission, a court of competent jurisdiction may compel compliance with the subpoena.
(e)    If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Commission may hear and determine the matter.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6A - Rehabilitation Practitioners › Section 9-6A-19 - Registration Required -- Reimbursement; Advertising

Unless authorized under this subtitle to engage in the practice of providing vocational rehabilitation services, an individual may not:
(1)    be reimbursed under this title for the provision of vocational rehabilitation services; or
(2)    represent to the public by use of a title, including “registered rehabilitation consultant”, by description of services, methods, procedures, or otherwise, that the individual is authorized to engage in the practice of providing vocational rehabilitation services in the State.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-701 - Regulation of Claims Procedure

Subject to this title, the Commission shall:
(1)    adopt reasonable and proper regulations to govern the procedures of the Commission, which shall be as simple and brief as reasonably possible;
(2)    determine the nature and the form of an application for benefits or compensation;
(3)    regulate and provide for the nature and form of notices and for the service of notices;
(4)    regulate and provide for the nature and extent of evidence and proof and for the method of taking and providing evidence and proof to establish a right to compensation;
(5)    regulate the method of conducting an investigation or physical examination; and
(6)    set the time within which an adjudication or award shall be made.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-702 - Presumptions

Absent substantial evidence to the contrary, in a proceeding for the enforcement of a claim under this title, it is presumed that:
(1)    the claim comes within this title;
(2)    sufficient notice was given to the employer; and
(3)    the employer or its insurer was not prejudiced by a failure to file a claim for an accidental personal injury within 60 days after the date of the accidental personal injury.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-704 - Notice to Employer -- Accidental Personal Injury

(a)    This section does not apply to a compensable hernia.
(b)    If a covered employee is injured or dies due to an accidental personal injury, oral or written notice shall be given to the employer:
(1)    for injury, within 10 days after the accidental personal injury; or
(2)    for death, within 30 days after the death.
(c)    If the notice given under subsection (b) of this section is in writing, the notice shall:
(1)    state the name and address of the covered employee;
(2)    state, in plain language, the time, place, nature, and cause of the accidental personal injury; and
(3)    be signed:
(i)    for injury, by the covered employee or by an individual on behalf of the covered employee; or
(ii)    for death, by at least 1 dependent of the covered employee or by an individual on behalf of the dependents of the covered employee.
(d)    Unless excused by the Commission under § 9-706 of this subtitle, failure to give notice bars a claim under this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-705 - Notice to Employer -- Occupational Disease

(a)    If a covered employee is disabled or dies due to an occupational disease, written notice of the disability or death shall be given to the employer by the covered employee or someone on behalf of the covered employee:
(1)    for disability, within 1 year after the covered employee knows or has reason to believe that the covered employee has the occupational disease; or
(2)    for death, within 1 year after the death.
(b)    Unless notice is waived under subsection (d) of this section or excused by the Commission under § 9-706 of this subtitle, failure to give notice bars a claim under this title.
(c)    The employer in whose employment the covered employee was last injuriously exposed to the conditions that cause an occupational disease is considered to have notice of the occupational disease if the employer or the responsible superintendent in charge of the work of the covered employee has actual knowledge that the covered employee:
(1)    was exposed to the conditions that cause the occupational disease; and
(2)    has the occupational disease.
(d)    The notice required by subsection (a) of this section is waived if the employer or its insurer:
(1)    pays compensation for disability or death from an occupational disease; or
(2)    by its affirmative conduct leads the covered employee or other claimant to reasonably believe that the notice has been waived.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-706 - Failure to Notify Employer -- Excuse and Waiver

(a)    The Commission shall excuse a failure to comply with the notice requirement of § 9-704 or § 9-705 of this subtitle if the Commission finds that:
(1)    there was a sufficient reason for the failure to comply; or
(2)    the employer or its insurer has not been prejudiced by the failure to comply.
(b)    The employer or its insurer has the burden of proving that it has been prejudiced by the failure to comply with the notice requirement.
(c)    In the case of an occupational disease, the defense of failure to comply with the notice requirement is waived unless raised at a hearing on the claim before any award or decision is made.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-707 - Report by Employer to Commission

(a)    If an accidental personal injury causes disability for more than 3 days or death, the employer shall report the accidental personal injury and the disability or death to the Commission within 10 days after receiving oral or written notice of the disability or death.
(b)    On learning or receiving notice that a covered employee has been disabled due to an occupational disease, the employer promptly shall report the disability to the Commission.
(c)    Each report under subsection (a) or (b) of this section shall state:
(1)    whether the accidental personal injury or occupational disease arose out of and in the course of employment;
(2)    the time, cause, and nature of the disability and the accidental personal injury or occupational disease;
(3)    the probable duration of the disability; and
(4)    any other information that the Commission may require by regulation.
(d)    The Commission shall provide the Commissioner of Labor and Industry with electronic access to the data contained in the reports filed under subsections (a) and (b) of this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-708 - Failure to Submit Report of Accidental Personal Injury -- Claim Limitation Period Tolled

(a)    This section does not apply to:
(1)    a partner whom a partnership elects to be a covered employee under § 9-219 of this title;
(2)    a sole proprietor who elects to be a covered employee under § 9-227 of this title; or
(3)    an officer of a corporation who:
(i)    is a covered employee under § 9-206(a) of this title; and
(ii)    is eligible but does not elect to be exempt from coverage under § 9-206(b) of this title.
(b)    In the case of an accidental personal injury, the claim limitation period in § 9-709(b)(3) of this subtitle does not begin to run until the employer files a report with the Commission in accordance with § 9-707 of this subtitle if:
(1)    the employer has been notified in accordance with § 9-704 of this subtitle; or
(2)    the employer or a designated representative of the employer at the place where the accidental personal injury occurred knows about the disability or death of the covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-710 - Claim Application -- Death From Accidental Personal Injury

(a)    This section does not apply to a claim for death due to an accidental personal injury from ionizing radiation.
(b)    (1)    If a covered employee dies from an accidental personal injury, the dependents of the covered employee or an individual on their behalf shall, within 18 months after the date of death, file with the Commission:
(i)    a claim application form;
(ii)    proof of death;
(iii)    certificates of any physician who attended the covered employee; and
(iv)    any other proof that the Commission may require by regulation.
(2)    (i)    A claim application form filed under paragraph (1) of this subsection shall include an authorization by the claimant for the release, to the claimant’s attorney, the covered employee’s employer, and the insurer of the covered employee’s employer, or an agent of the claimant’s attorney, the covered employee’s employer, or the insurer of the covered employee’s employer, of medical information that is relevant to:
1.    the member of the body that was injured, as indicated on the claim application form; and
2.    the description of how the accidental personal injury occurred, as indicated on the claim application form.
(ii)    An authorization under subparagraph (i) of this paragraph:
1.    includes the release of information relating to the history, findings, office and patient charts, files, examination and progress notes, and physical evidence;
2.    is effective for 1 year from the date the claim is filed; and
3.    does not restrict the redisclosure of medical information or written material relating to the authorization to a medical manager, health care professional, or certified rehabilitation practitioner.
(c)    (1)    If it is established that a failure to file a claim in accordance with this section was caused by fraud or by facts and circumstances amounting to an estoppel, the dependents of the covered employee or an individual on their behalf shall file a claim with the Commission within 1 year after:
(i)    the date of the discovery of the fraud; or
(ii)    the date when the facts and circumstances that amount to estoppel cease to operate.
(2)    Failure to file a claim in accordance with paragraph (1) of this subsection bars a claim under this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-711 - Claim Application -- Disablement or Death From Occupational Disease

(a)    (1)    If a covered employee suffers a disablement or death as a result of an occupational disease, the covered employee or the dependents of the covered employee shall file a claim application form with the Commission within 2 years, or in the case of pulmonary dust disease within 3 years, after the date:
(i)    of disablement or death; or
(ii)    when the covered employee or the dependents of the covered employee first had actual knowledge that the disablement was caused by the employment.
(2)    (i)    A claim application form filed under paragraph (1) of this subsection shall include an authorization by the claimant for the release, to the claimant’s attorney, the claimant’s  or covered employee’s employer, and the insurer of the claimant’s or covered employee’s employer, or an agent of the claimant’s attorney, the claimant’s or covered employee’s employer, or the insurer of the claimant’s or covered employee’s employer, of medical information that is relevant to:
1.    the member of the body that was injured, as indicated on the claim application form; and
2.    the description of how the occupational disease occurred, as indicated on the claim application form.
(ii)    An authorization under subparagraph (i) of this paragraph:
1.    includes the release of information relating to the history, findings, office and patient charts, files, examination and progress notes, and physical evidence;
2.    is effective for 1 year from the date the claim is filed; and
3.    does not restrict the redisclosure of medical information or written material relating to the authorization to a medical manager, health care professional, or certified rehabilitation practitioner.
(b)    Unless waived under subsection (c) of this section, failure to file a claim in accordance with subsection (a) of this section bars a claim under this title.
(c)    The defense of failure to file a claim in accordance with subsection (a) of this section is waived if the employer or its insurer:
(1)    fails to raise the defense of the failure to file the claim at a hearing on the claim before the Commission makes any award or decision;
(2)    pays compensation for the disability or death resulting from the occupational disease; or
(3)    by its affirmative conduct leads the covered employee or other claimant to reasonably believe that the requirement of filing a claim has been waived.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-712 - Submission of Claim Application Form to Insurer

(a)    If the employer or its insurer directs or requests a covered employee or, in case of death, the personal representative of the covered employee to submit the claim application form to the insurer, on receipt of the claim application form the insurer immediately shall file the claim application form with the Commission.
(b)    The employer or insurer may not advise the covered employee or the personal representative of the covered employee that the claim has been denied.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-713 - Payment of Benefits or Filing of Issues

(a)    Except as provided in subsection (c) of this section, within 21 days of the mailing of the notice of the filing of a claim, the employer or its insurer shall:
(1)    begin paying temporary total disability benefits; or
(2)    file with the Commission any issue to contest the claim.
(b)    If the Commission finds that an employer or insurer has failed, without good cause, to begin paying temporary total disability benefits or to file issues contesting a claim within 21 days of the mailing of the notice of the filing of a claim, the Commission may assess against the employer or insurer a fine not exceeding 20% of the amount of the payment.
(c)    If the employer or its insurer does not begin paying benefits or file issues within 21 days under subsection (a) of this section, within 30 days of the mailing of the notice of the filing of a claim, the employer or its insurer shall:
(1)    begin paying temporary total disability benefits; or
(2)    file with the Commission any issue to contest the claim.
(d)    If the Commission finds that an employer or insurer has failed, without good cause, to begin paying temporary total disability benefits or to file issues contesting a claim within 30 days of the mailing of the notice of the filing of a claim, the Commission may assess against the employer or insurer a fine not exceeding 40% of the payment.
(e)    The Commission shall order the employer or insurer to pay a fine assessed under this section to the covered employee.
(f)    Subject to § 9-714 of this subtitle, payment by an employer or its insurer before an award does not waive the right of the employer or its insurer to contest the claim.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-714 - Claim Processing

(a)    When the Commission receives a claim, the Commission:
(1)    may investigate the claim; and
(2)    on application of any party to the claim, shall order a hearing.
(b)    (1)    The Commission shall make or deny an award within 30 days:
(i)    after the mailing of the notice of the filing of a claim; or
(ii)    if a hearing is held, after the hearing is concluded.
(2)    The decision shall be recorded in the principal office of the Commission, and a copy of the decision shall be sent to each party’s attorney of record or, if the party is unrepresented, to the party:
(i)    by first–class mail; or
(ii)    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 7 - Claims Procedure, Hearings, and Appeals › Section 9-715 - Conduct of Investigations

(a)    The Commission may conduct an investigation in the manner that the Commission finds best to:
(1)    determine the substantial rights of each party; and
(2)    carry out justly the spirit of this title.
(b)    Except as otherwise provided in this title, the Commission is not bound by:
(1)    any common law or statutory rule of evidence; or
(2)    any formal or technical rule of procedure.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-716 - Self-Incrimination -- Not Excused

(a)    In any investigation or hearing by the Commission, a person may not be excused from testifying or producing a document in accordance with an order of the Commission or its secretary on the ground that the testimony or document may:
(1)    tend to incriminate the person; or
(2)    subject the person to a forfeiture or penalty.
(b)    Except as provided in subsection (c) of this section, a person may not be prosecuted, punished, or subjected to any forfeiture or penalty because of any act, transaction, matter, or thing about which the person testifies under oath or produces a document, on order of the Commission or an examiner or inspector of the Commission.
(c)    A person who commits perjury is subject to prosecution or punishment.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-717 - Noncompliance by Witness

(a)    If, without reasonable cause, a witness refuses to produce a document or to testify in accordance with an order of the Commission, the Commission may and, on request of a party to the proceeding, shall apply to a circuit court for an order to show cause.
(b)    On proof by affidavit that a witness has refused to produce a document or testify in accordance with an order of the Commission, the circuit court shall pass an order, returnable within 2 to 5 days, that directs the witness to show cause why the witness should not be imprisoned.
(c)    (1)    On return of the order, the circuit court shall conduct a hearing to determine if the witness, without reasonable cause or legal excuse, refused to testify or provide a document in accordance with an order of the Commission.
(2)    The circuit court shall:
(i)    examine the witness under oath; and
(ii)    give the witness an opportunity to be heard.
(3)    If the circuit court finds that the witness, without reasonable cause or legal excuse, refused to produce a document or testify in accordance with an order of the Commission, the circuit court may have the witness immediately imprisoned until the witness:
(i)    produces the document or testifies; or
(ii)    is discharged in accordance with law.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-718 - Transcript of Investigation

(a)    The Commission may receive into evidence all or any part of a transcript of an investigation if the transcript was made by a stenographer appointed by the Commission and the stenographer certifies under penalties of perjury that the transcript is correct.
(b)    A transcript introduced into evidence under subsection (a) of this section has the same effect as if the stenographer were present and testified to the facts certified.
(c)    On request and payment of a fee in the amount set for a transcript from a circuit court, a copy of the transcript shall be provided to any party in interest.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-719 - Depositions

(a)    Subject to subsection (b) of this section, a party to a proceeding before the Commission may take an oral deposition as provided by law for a civil case.
(b)    A party may take a deposition under this section only to perpetuate testimony and not for discovery.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-720 - Medical Examinations

(a)    If requested by the Commission, a covered employee who is eligible for compensation under this title shall submit to a medical examination at a place and time reasonably convenient to the covered employee, in accordance with the regulations of the Commission.
(b)    (1)    If the covered employee obstructs or refuses to submit to a medical examination requested by the Commission under subsection (a) of this section, the right of the covered employee to compensation is suspended until the examination has taken place.
(2)    Compensation is not payable during or for the period of the suspension.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-721 - Evaluation of Permanent Impairments

(a)    Except as provided in subsection (c) of this section, a physician shall evaluate a permanent impairment and report the evaluation to the Commission in accordance with the regulations of the Commission.
(b)    A medical evaluation of a permanent impairment shall include information about:
(1)    atrophy;
(2)    pain;
(3)    weakness; and
(4)    loss of endurance, function, and range of motion.
(c)    If a permanent impairment involves a behavioral or mental disorder, a licensed psychologist or qualified physician shall:
(1)    perform an evaluation of only the mental or behavioral portion of the permanent impairment; and
(2)    report the evaluation to the Commission in accordance with the regulations of the Commission.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-722 - Claim Settlement

(a)    Subject to approval by the Commission under subsection (c) of this section, after a claim has been filed by a covered employee or the dependents of a covered employee, the covered employee or dependents may enter into an agreement for the final compromise and settlement of any current or future claim under this title with:
(1)    the employer;
(2)    the insurer of the employer;
(3)    the Subsequent Injury Fund; or
(4)    the Uninsured Employers’ Fund.
(b)    The final compromise and settlement agreement shall contain the terms and conditions that the Commission considers proper.
(c)    A final compromise and settlement agreement may not take effect unless it has been approved by the Commission.
(d)    (1)    When approved by the Commission, a final compromise and settlement agreement is binding on all of the parties to the agreement.
(2)    Unless the Commission orders otherwise, a final compromise and settlement agreement between a covered employee or the dependents of a covered employee and the employer or its insurer precludes the right of the covered employee or the dependents of the covered employee to proceed against the Subsequent Injury Fund on the claim.
(e)    If an individual entitled to payment under a final compromise and settlement agreement dies before the individual receives the total amount payable, the balance payable is an asset of the estate of the individual.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 7 - Claims Procedure, Hearings, and Appeals › Section 9-723 - Defenses Not Available to Insurer

In a proceeding to enforce a claim of an employee, an insurer may not assert, as a defense, that the employee is not a covered employee if the insurer has accepted or is entitled to receive from the employer, alone or in conjunction with other insurance, a premium for workers’ compensation insurance with respect to the employee.