reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part III - Temporary Total Disability › Section 9-619 - Effect on Other Laws

This Part III of this subtitle does not affect or change the law applicable to:
(1)    an accidental personal injury or occupational disease that occurred before the provisions of this Part III of this subtitle became effective; or
(2)    an individual eligible for benefits as the result of accidental personal injury or occupational disease that occurred when a different rate or percentage payment basis was in effect.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part III - Temporary Total Disability › Section 9-620 - Waiting Period for Compensation

(a)    If a temporary total disability lasts for 14 days or less, compensation may not be allowed for 3 calendar days after the beginning of the disability except for payments for hospital, nursing, or other medical services, funeral expenses, or medicine.
(b)    If the covered employee was not paid for the day on which the accidental personal injury or occupational disease occurred, the Commission shall count that day as 1 of the 3 days in the waiting period under subsection (a) of this section.
(c)    If a temporary total disability lasts for more than 14 days, compensation shall be allowed from the day of disability.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part III - Temporary Total Disability › Section 9-621 - Payment of Compensation

(a)    (1)    Except as provided in paragraph (2) of this subsection, if a covered employee is temporarily totally disabled due to an accidental personal injury or an occupational disease, the employer or its insurer shall pay the covered employee compensation that equals two-thirds of the average weekly wage of the covered employee, but:
(i)    does not exceed the average weekly wage of the State; and
(ii)    is not less than $50.
(2)    If the average weekly wage of the covered employee is less than $50 at the time of the accidental personal injury or the last injurious exposure to the hazards of the occupational disease, the employer or its insurer shall pay the covered employee compensation that equals the average weekly wage of the covered employee.
(b)    The employer or its insurer shall pay the compensation for the period that the covered employee is temporarily totally disabled.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part III - Temporary Total Disability › Section 9-622 - Payment of Compensation -- Reopening

(a)    If, under an initial claim filed on or after January 1, 1988, temporary total disability benefits are reopened under § 9-736(b) of this title, the employer or its insurer shall pay the covered employee compensation that equals two-thirds of the average weekly wage of the covered employee, but:
(1)    does not exceed the lesser of:
(i)    the average weekly wage of the State on the date of reopening; or
(ii)    150% of the initial award; and
(2)    is not less than the initial award.
(b)    The employer or its insurer shall pay the compensation for the period that the covered employee is temporarily totally disabled.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part IV - Permanent Partial Disability › Section 9-626 - Minimum Compensation

(a)    Except as provided in subsection (b) of this section, a covered employee who is entitled to compensation under this subtitle for a permanent partial disability shall receive minimum weekly compensation of $50.
(b)    If the covered employee has an average weekly wage of less than $50 at the time of the accidental personal injury or the last injurious exposure to the hazards of the occupational disease, the covered employee shall receive minimum compensation that equals the average weekly wage of the covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part IV - Permanent Partial Disability › Section 9-629 - Compensation for Period Equal to or Greater Than 75 Weeks but Less Than 250 Weeks

If a covered employee is awarded compensation for a period equal to or greater than 75 weeks but less than 250 weeks, the employer or its insurer shall pay the covered employee weekly compensation that equals two-thirds of the average weekly wage of the covered employee but does not exceed one-third of the State average weekly wage.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part IV - Permanent Partial Disability › Section 9-630 - Serious Disability -- Compensation for 250 Weeks or More

(a)    (1)    Except as provided in paragraph (2) of this subsection, if a covered employee is given an award or a combination of awards resulting from 1 accidental personal injury or occupational disease for 250 weeks or more under § 9-627 of this subtitle:
(i)    the Commission shall increase the award or awards by one-third the number of weeks in the award or awards, computed to the nearest whole number; and
(ii)    the employer or its insurer shall pay the covered employee weekly compensation that equals two-thirds of the average weekly wage of the covered employee, but does not exceed 75% of the State average weekly wage.
(2)    An award for disfigurement or mutilation under § 9-627(i) of this subtitle may not be used to make up the 250 weeks under paragraph (1) of this subsection.
(b)    (1)    This subsection applies to the payment of weekly compensation required under subsection (a) of this section if the average weekly wage of a covered employee is computed under § 9-602(l) of this subtitle.
(2)    The employer in whose employment the accidental personal injury occurred or the employer’s insurer shall pay the covered employee weekly compensation that is based on the weekly wages of the covered employee at the employment in which the covered employee was injured.
(3)    Subject to paragraph (4) of this subsection, any additional weekly compensation resulting from computing the average weekly wage based on weekly wages earned by the covered employee in other employment shall be payable in the first instance by the employer in whose employment the employee was injured or the employer’s insurer.
(4)    Subject to any right of the Subsequent Injury Fund to be impleaded or any right of the Subsequent Injury Fund to defend in a case involving payment from the Subsequent Injury Fund created under Title 10, Subtitle 2 of this article, as allowable under Subtitle 8 of this title, the Subsequent Injury Fund shall reimburse the employer in whose employment the employee was injured or the employer’s insurer the amount of additional weekly compensation paid by the employer or insurer under paragraph (3) of this subsection.
(c)    (1)    Except as provided in paragraph (2) of this subsection, § 9-627 of this subtitle applies to covered employees who are covered by this section.
(2)    To the extent of any inconsistency, this section prevails over § 9-627 of this subtitle.
(d)    If a covered employee receives additional compensation for a disability on a petition to reopen for serious disability, the additional compensation may not increase the amount of compensation previously awarded and paid.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part IV - Permanent Partial Disability › Section 9-632 - Survival of Compensation

(a)    This section does not apply to compensation paid under Title 10, Subtitle 2 of this article.
(b)    If a covered employee dies from a cause that is not compensable under this title, the right to compensation that is payable under this Part IV of this subtitle and unpaid on the date of death survives in accordance with this section.
(c)    If there are surviving dependents of the covered employee, the right to compensation survives to the surviving dependents as the Commission may determine.
(d)    If there are no surviving dependents of the covered employee and, on the date of death, the covered employee had a legal obligation to support a surviving spouse, the right to compensation survives jointly to:
(1)    the surviving spouse of the covered employee; and
(2)    the surviving minor children of the covered employee.
(e)    If there are no surviving dependents and, on the date of death, the covered employee did not have a legal obligation to support a surviving spouse, the right to compensation survives only to the surviving minor children of the covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part IV - Permanent Partial Disability › Section 9-633 - Reversal or Change in Compensation

If an award of permanent partial disability compensation is reversed or modified by a court on appeal, the payment of any new compensation awarded shall be:
(1)    subject to a credit for compensation previously awarded and paid; and
(2)    otherwise made in accordance with this Part IV of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part V - Permanent Total Disability › Section 9-636 - Determination of Disability; Presumption

(a)    Except as provided in subsection (b) of this section, a permanent total disability shall be determined in accordance with the facts in each case.
(b)    Absent conclusive proof to the contrary, the loss or loss of use of any of the following constitutes a permanent total disability:
(1)    both arms;
(2)    both eyes;
(3)    both feet;
(4)    both hands;
(5)    both legs; or
(6)    a combination of any 2 of the following:
(i)    an arm;
(ii)    an eye;
(iii)    a foot;
(iv)    a hand; and
(v)    a leg.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part V - Permanent Total Disability › Section 9-637 - Payment of Compensation

(a)    (1)    Except as provided in paragraph (2) of this subsection, if a covered employee has a permanent total disability resulting from an accidental personal injury or an occupational disease, the employer or its insurer shall pay the covered employee compensation that equals two-thirds of the average weekly wage of the covered employee, but may not:
(i)    exceed the State average weekly wage; or
(ii)    be less than $25.
(2)    If the average weekly wage of the covered employee is less than $25 at the time of the accidental personal injury or last injurious exposure to the hazards of the occupational disease, the employer or its insurer shall pay the covered employee weekly compensation that equals the average weekly wage of the covered employee.
(3)    Payments under paragraph (1) or (2) of this subsection may not exceed a total of $45,000.
(b)    Notwithstanding the $45,000 limitation in subsection (a)(3) of this section, the employer or its insurer shall pay the benefit for the period that the covered employee is permanently totally disabled.
(c)    (1)    This subsection applies to the payment of weekly compensation required under subsection (a) of this section if the average weekly wage of a covered employee is computed under § 9-602(l) of this subtitle.
(2)    The employer in whose employment the accidental personal injury occurred or the employer’s insurer shall pay the covered employee weekly compensation that is based on the weekly wages of the covered employee at the employment in which the covered employee was injured.
(3)    Subject to paragraph (4) of this subsection, any additional weekly compensation resulting from computing the average weekly wage based on weekly wages earned by the covered employee in other employment shall be payable in the first instance by the employer in whose employment the employee was injured or the employer’s insurer.
(4)    Subject to any right of the Subsequent Injury Fund to be impleaded or any right of the Subsequent Injury Fund to defend in a case involving payment from the Subsequent Injury Fund created under Title 10, Subtitle 2 of this article, as allowable under Subtitle 8 of this title, the Subsequent Injury Fund shall reimburse the employer in whose employment the employee was injured or the employer’s insurer the amount of additional weekly compensation paid by the employer or insurer under paragraph (3) of this subsection.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part V - Permanent Total Disability › Section 9-638 - Cost of Living Adjustment

(a)    (1)    A covered employee under this section includes an individual who:
(i)    is entitled to compensation for claims arising from events occurring after January 1, 1988; or
(ii)    1.    is entitled to compensation from the Chesapeake Employers’ Insurance Company, as successor to the Injured Workers’ Insurance Fund, for claims arising from events occurring on or before January 1, 1988; and
2.    was not an employee of a county or municipal corporation when the claim was filed.
(2)    Compensation paid to a covered employee under this Part V of this subtitle is subject to an annual cost of living adjustment.
(b)    On or before June 30 of each year, the Department of Commerce shall determine and report to the Commission the rate of change in the Consumer Price Index in the preceding calendar year, using as the Consumer Price Index the lower of:
(1)    the Consumer Price Index (all urban consumers, all item index) published by the United States Department of Labor for the Washington Metropolitan Area; or
(2)    the United States city average consumer price index (all urban consumers, all item index).
(c)    (1)    On or before July 31 of each year, the Commission shall publish the amount of the cost of living adjustment that shall become effective on January 1 of the following year.
(2)    The cost of living adjustment may not exceed 5%.
(d)    The compensation payable to a covered employee under this Part V of this subtitle shall be adjusted by:
(1)    multiplying the initial rate of compensation by the cost of living adjustment; and
(2)    adding the product to the compensation, as adjusted, paid during the prior year.
(e)    (1)    If a covered employee who is entitled to compensation under this Part V of this subtitle also receives federal Social Security disability insurance benefits, the adjusted annual compensation paid shall be reduced to the extent necessary to avoid a diminution of the federal Social Security disability insurance benefits.
(2)    If federal Social Security law on disability insurance benefits no longer imposes a diminution in the payment of the adjustment in compensation, payments of compensation shall be made to the full extent allowed under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part V - Permanent Total Disability › Section 9-638.1 - Cost of Living Adjustment -- Employees of Nongovernmental Units, Counties, or Municipal Corporations

(a)    This section applies to:
(1)    a nongovernmental unit that employs at least one covered employee;
(2)    a county; and
(3)    a municipal corporation.
(b)    A covered employee under this section means an individual who:
(1)    is entitled to compensation for claims arising from events occurring on or before January 1, 1988; and
(2)    filed the claims for compensation paid by a nongovernmental unit, a county, or a municipal corporation.
(c)    Compensation paid to a covered employee under this Part V of this subtitle is subject to an annual cost of living adjustment if the employer, county, or municipal corporation chooses to provide an adjustment.
(d)    On or before June 30 of each year, the Department of Commerce shall determine and report to the Commission the rate of change in the Consumer Price Index in the preceding calendar year, using as the Consumer Price Index the lower of:
(1)    the Consumer Price Index (all urban consumers, all item index) published by the United States Department of Labor for the Washington Metropolitan Area; or
(2)    the United States city average consumer price index (all urban consumers, all item index).
(e)    On or before July 31 of each year, the Commission shall publish the amount of the cost of living adjustment that shall become effective on January 1 of the following year.
(f)    The compensation payable to a covered employee under this Part V of this subtitle may be adjusted by:
(1)    multiplying the initial rate of compensation by the cost of living adjustment; and
(2)    adding the product to the compensation, as adjusted, paid during the prior year.
(g)    (1)    If a covered employee who is entitled to compensation under this Part V of this subtitle also receives federal Social Security disability insurance benefits, the adjusted annual compensation paid shall be reduced to the extent necessary to avoid a diminution of the federal Social Security disability insurance benefits.
(2)    If federal Social Security law on disability insurance benefits no longer imposes a diminution in the payment of  the adjustment in compensation, payments of compensation shall be made to the full extent allowed under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part V - Permanent Total Disability › Section 9-640 - Survival of Compensation

(a)    This section does not apply to compensation paid under Title 10, Subtitle 2 of this article.
(b)    If a covered employee dies from a cause that is not compensable under this title, the right to compensation that is payable under this Part V of this subtitle and unpaid on the date of death survives in accordance with this section to the extent of $65,000, as increased by the cost of living adjustments under § 9–638 of this Part V of this subtitle.
(c)    If there are surviving dependents of the covered employee, the right to compensation survives to the surviving dependents as the Commission may determine.
(d)    If there are no surviving dependents of the covered employee and, on the date of death, the covered employee had a legal obligation to support a surviving spouse, the right of compensation shall survive to:
(1)    the surviving spouse of the covered employee; or
(2)    the surviving spouse and the surviving minor children of the covered employee.
(e)    If there are no surviving dependents and, on the date of death, the covered employee did not have a legal obligation to support a surviving spouse, the right to compensation survives only to the surviving minor children of the covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part VI - Hernias › Section 9-644 - Surgery; Compensation

(a)    Whenever practicable, a femoral, inguinal, or other hernia proven to be the result of an accidental personal injury or strain in accordance with § 9-504 of this title shall be treated by surgery.
(b)    (1)    Except as provided in subsection (c) of this section, if a covered employee suffers a compensable hernia and undergoes surgery, the employer or its insurer shall pay the covered employee compensation only for lost time.
(2)    For the purpose of computing lost time under paragraph (1) of this subsection, any time lost because of a delay in holding a hearing shall not be counted as lost time if the delay occurred at the request or due to the fault of the covered employee.
(c)    If a special examination shows that a covered employee who suffered from a compensable hernia and underwent surgery has a permanent partial, permanent total, or temporary total disability resulting from the operation, the employer or its insurer shall pay the covered employee compensation for a permanent partial, permanent total, or temporary total disability in accordance with the applicable part of this subtitle.
(d)    If a covered employee who suffered a compensable hernia dies as a result of surgery, the death shall be considered death as a result of the accidental personal injury or strain that caused the hernia and the employer or its insurer shall provide death benefits in accordance with Part XII of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part VI - Hernias › Section 9-645 - Refusal to Undergo Surgery

(a)    If a covered employee who suffers from a compensable hernia refuses to undergo surgery to cure the hernia, the employer or its insurer shall pay the covered employee compensation for 7.5 weeks.
(b)    (1)    The Commission may excuse a refusal to undergo surgery if the covered employee satisfies the Commission that it is considered unsafe for the covered employee to undergo surgery because of the age or previous physical condition of the covered employee.
(2)    If the Commission excuses a refusal to undergo surgery under paragraph (1) of this subsection, the employer or its insurer shall pay the covered employee compensation for 52 weeks.
(c)    Payment of compensation under this section is in place of all other benefits for or on account of disability or death that resulted or is alleged to have resulted from the hernia.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part VI - Hernias › Section 9-646 - Survival of Compensation

(a)    This section does not apply to compensation paid under Title 10, Subtitle 2 of this article.
(b)    If a covered employee dies from a cause that is not compensable under this title, the right to compensation that is payable under this Part VI of this subtitle and unpaid on the date of death survives in accordance with this section.
(c)    If there are surviving dependents of the covered employee, the right to compensation survives to the surviving dependents as the Commission may determine.
(d)    If there are no surviving dependents of the covered employee and, on the date of death, the covered employee had a legal obligation to support a surviving spouse, the right to compensation survives jointly to:
(1)    the surviving spouse of the covered employee; and
(2)    the surviving minor children of the covered employee.
(e)    If there are no surviving dependents and, on the date of death, the covered employee did not have a legal obligation to support a surviving spouse, the right to compensation survives only to the surviving minor children of the covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part VII - Occupational Deafness › Section 9-651 - Extent of Liability

(a)    Except as provided in subsection (b) of this section, an employer is liable for the full extent of the occupational deafness of a covered employee if:
(1)    the employment of the covered employee by the employer has contributed to any extent to the occupational deafness of the covered employee; and
(2)    the employer otherwise is liable under this section and § 9-505 of this title.
(b)    An employer is liable only for the part of the deafness attributable to the employment by the employer if the employer establishes by competent evidence, including the results of a professionally controlled hearing test, the extent of the deafness of the covered employee that existed before exposure to harmful noise in the employment of the employer.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part VII - Occupational Deafness › Section 9-652 - Impleader

(a)    In a proceeding for compensation on the claim of a covered employee, an employer who is liable for the full extent of the occupational deafness of the covered employee may implead any other employer in whose employment the covered employee was exposed to harmful noise.
(b)    To implead another employer, the employer shall give to the impleaded employer and to the Commission notice on the form that the Commission requires.
(c)    (1)    If the Commission finds that the impleaded employer would have been liable to the employee had the employee proceeded against the impleaded employer under the claim being adjudicated, the employer liable to the employee is entitled to an award that:
(i)    is against the impleaded employer; and
(ii)    may be enforced in the same manner as an award in favor of a covered employee.
(2)    Unless the evidence warrants a different apportionment, the impleaded employer and the employer liable to the covered employee shall have equal liability to the employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part VIII - Permanent Disability Due in Part to Preexisting Disease or Infirmity › Section 9-655 - Scope of Part

This Part VIII of this subtitle does not apply to:
(1)    a temporary partial disability;
(2)    a temporary total disability; or
(3)    a disability where the combined effects resulting from a previous impairment that meets the requirements of § 9-802(b)(1) of this title and a subsequent accidental personal injury or occupational disease result in a permanent disability exceeding 50% of the body as a whole.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part VIII - Permanent Disability Due in Part to Preexisting Disease or Infirmity › Section 9-656 - Apportionment

(a)    If it appears that a permanent disability of a covered employee following an accidental personal injury or occupational disease is due partly to the accidental personal injury or occupational disease and partly to a preexisting disease or infirmity, the Commission shall determine:
(1)    the proportion of the disability that is reasonably attributable to the accidental personal injury or occupational disease; and
(2)    the proportion of the disability that is reasonably attributable to the preexisting disease or infirmity.
(b)    The covered employee:
(1)    is entitled to compensation for the portion of the disability of the covered employee that is reasonably attributable solely to the accidental personal injury or occupational disease; and
(2)    is not entitled to compensation for the portion of the disability that is reasonably attributable to the preexisting disease or infirmity.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part VIII - Permanent Disability Due in Part to Preexisting Disease or Infirmity › Section 9-657 - Waiver

(a)    When entering into a contract of employment, an individual who has suffered the loss or loss of use of a hand, arm, foot, leg, or eye may waive any right to compensation to which the covered employee would be entitled because of the existing permanent partial disability in the event of a subsequent accidental personal injury or occupational disease.
(b)    For a waiver under subsection (a) of this section to be effective, the waiver shall:
(1)    be made in writing, as part of the contract of employment or as a separate instrument;
(2)    plainly describe the existing permanent partial disability; and
(3)    be executed by the employee:
(i)    with knowledge of its contents; and
(ii)    before the occurrence of an accidental personal injury or occupational disease on which a claim is based.
(c)    If a covered employee who has executed a waiver in accordance with this section suffers an additional accidental personal injury or occupational disease, the covered employee is entitled to compensation for a disability resulting solely from the additional injury or occupational disease.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part IX - Medical Benefits › Section 9-660 - Provision of Medical Services and Treatment

(a)    In addition to the compensation provided under this subtitle, if a covered employee has suffered an accidental personal injury, compensable hernia, or occupational disease the employer or its insurer promptly shall provide to the covered employee, as the Commission may require:
(1)    medical, surgical, or other attendance or treatment;
(2)    hospital and nursing services;
(3)    medicine;
(4)    crutches and other apparatus; and
(5)    artificial arms, feet, hands, and legs and other prosthetic appliances.
(b)    The employer or its insurer shall provide the medical services and treatment required under subsection (a) of this section for the period required by the nature of the accidental personal injury, compensable hernia, or occupational disease.
(c)    Except as provided in § 9–736(b) and (c) of this title, any award or order of the Commission under this section may not be construed to:
(1)    reopen any case; or
(2)    allow any previous award to be changed.
(d)    (1)    A provider who provides medical service or treatment to a covered employee under subsection (a) of this section shall submit to the employer or the employer’s insurer a bill for providing medical service or treatment within 12 months from the later of the date:
(i)    medical service or treatment was provided to a covered employee;
(ii)    the claim for compensation was accepted by the employer or the employer’s insurer; or
(iii)    the claim for compensation was determined by the Commission to be compensable.
(2)    The employer or the employer’s insurer may not be required to pay a bill submitted after the time period required under paragraph (1) of this subsection unless:
(i)    the provider files an application for payment with the Commission within 3 years from the later of the date:
1.    medical service or treatment was provided to the covered employee;
2.    the claim for compensation was accepted by the employer or the employer’s insurer; or
3.    the claim for compensation was determined by the Commission to be compensable; and
(ii)    the Commission excuses the untimely submission for good cause.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part IX - Medical Benefits › Section 9-661 - Repair or Replacement of Eyeglasses and Prosthetic Appliances

(a)    The employer or its insurer shall repair or replace an artificial eye, limb, tooth or other prosthetic appliance or eyeglasses damaged or destroyed because of an accident during the course of employment.
(b)    If the employer or its insurer fails to make a repair or replacement required under subsection (a) of this section, the covered employee may make the repair or replacement at the expense of the employer or its insurer.
(c)    If the employer or its insurer fails to make a repair or replacement required under subsection (a) of this section within 3 days after the damage or destruction occurs, the Commission may order the employer or its insurer to pay compensation to the covered employee for any lost time after the 3-day waiting period.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part IX - Medical Benefits › Section 9-662 - Providing Excessive Treatment

If the Chairman of the Commission finds or has reasonable cause to believe that a physician or health care provider has a pattern of providing excessive appliances, medicine, services, or treatment, the Chairman shall refer the case to the State Board of Physicians or the appropriate board of review of the health care provider to determine if the physician or health care provider provided excessive appliances, medicine, services, or treatment.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part IX - Medical Benefits › Section 9-663 - Regulatory Power of Commission

(a)    (1)    The Commission shall adopt regulations setting standards for the assessment of fines under § 9-664 of this Part IX of this subtitle.
(2)    The Commission may adopt regulations about:
(i)    the provision of medicine and medical, nursing, and hospital services to a covered employee;
(ii)    payment for the medicine and services; and
(iii)    the exercise by the Chairman of the Commission of the powers granted under § 9-662 of this subtitle.
(b)    (1)    The Commission may regulate fees and other charges for medical services or treatment under this subtitle.
(2)    Each fee or other charge for medical service or treatment under this subtitle is limited to the amount that prevails in the same community for similar treatment of an injured individual with a standard of living that is comparable to that of the covered employee.
(3)    At least once every 2 years, the Commission shall:
(i)    review its guide of medical and surgical fees for completeness and reasonableness; and
(ii)    make appropriate revisions to the guide of medical and surgical fees.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part IX - Medical Benefits › Section 9-664 - Fine and Interest

(a)    (1)    If the Commission finds that the employer or its insurer has failed, without good cause, to pay for treatment or services required by § 9-660 of this Part IX of this subtitle within 45 days after the Commission, by order, finally approves the fee or charge for the treatment or services, the Commission may impose a fine on the employer or insurer, not exceeding 20% of the amount of the approved fee or charge.
(2)    The employer or insurer shall pay the fine to the Commission to be deposited in the General Fund of the State.
(b)    (1)    Interest, payable to the provider of the treatment or services, shall accrue at the rate specified in § 11-107(a) of the Courts Article on any amount owed to the provider that:
(i)    is due and payable; and
(ii)    remains unpaid more than 45 days after notice of the payment due has been mailed.
(2)    Interest shall accrue beginning on the 46th day after the later of:
(i)    the day the payment becomes due; or
(ii)    the day the notice of the payment due is mailed.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part X - Wage Reimbursement › Section 9-667 - Wage Reimbursement

In addition to any other compensation paid to a covered employee entitled to compensation under this title, the employer or its insurer shall reimburse the covered employee for lost wages due to time spent:
(1)    being examined by a physician or other examiner at the request of the employer or its insurer; and
(2)    attending and traveling to and from a Commission hearing scheduled as a result of a continuance caused by action of the employer or its insurer.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XI - Vocational Rehabilitation Benefits › Section 9-670 - Definitions

(a)    In this Part XI of this subtitle the following words have the meanings indicated.
(b)    “Disabled” means rendered unable as the result of an accidental personal injury or an occupational disease to perform work for which the person was previously qualified.
(c)    “Suitable gainful employment” means employment, including self-employment, that restores the disabled covered employee, to the extent possible, to the level of support at the time of:
(1)    if an accidental personal injury, the accidental personal injury; or
(2)    if an occupational disease, disablement from the occupational disease.
(d)    “Vocational assessment” means:
(1)    collecting and analyzing each of the economic, educational, legal, medical, social, and vocational circumstances of a disabled covered employee, including the present mental and physical ability of the covered employee to participate in vocational rehabilitation services; and
(2)    determining the appropriate vocational rehabilitation services reasonably necessary to return the disabled covered employee to suitable gainful employment.
(e)    (1)    “Vocational rehabilitation services” means professional services reasonably necessary during or after or both during and after medical treatment to enable a disabled covered employee, as soon as practical, to secure suitable gainful employment.
(2)    “Vocational rehabilitation services” includes:
(i)    coordination of medical services;
(ii)    vocational assessment;
(iii)    vocational evaluation;
(iv)    vocational counseling;
(v)    vocational rehabilitation plan development;
(vi)    vocational rehabilitation plan monitoring;
(vii)    vocational rehabilitation training;
(viii)    job development; and
(ix)    job placement.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XI - Vocational Rehabilitation Benefits › Section 9-671 - Provider of Vocational Rehabilitation Services -- Registration Required

(a)    If required by the Commission, an individual who provides vocational rehabilitation services under this title in the State shall register with the Commission as provided in Subtitle 6A of this title.
(b)    An individual who is required under subsection (a) of this section shall register on the form required by the Commission.
(c)    An individual who fails to register with the Commission under subsection (a) of this section may not receive payment for providing vocational rehabilitation services.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XI - Vocational Rehabilitation Benefits › Section 9-673 - Vocational Rehabilitation Plan

(a)    The Commission shall:
(1)    refer a covered employee who is entitled to vocational rehabilitation services under § 9-672 of this Part XI of this subtitle to an appropriate vocational rehabilitation provider; and
(2)    obtain from the provider a vocational rehabilitation plan that includes:
(i)    a vocational assessment; and
(ii)    recommendations for vocational rehabilitation services reasonably necessary to return the disabled covered employee to suitable gainful employment.
(b)    In determining whether employment is suitable gainful employment, consideration shall be given to:
(1)    the qualifications, interests, incentives, earnings before the accidental personal injury or date of disablement from the occupational disease, and future earning capacity of the covered employee;
(2)    the nature and extent of the disability of the covered employee; and
(3)    the current and future condition of the labor market.
(c)    On receipt of a vocational rehabilitation plan, the Commission promptly shall give written notice of the contents of the plan to each party.
(d)    (1)    Within 15 days after the day of written notification by the Commission of the contents of the vocational rehabilitation plan, any party in interest may request a hearing to contest the plan.
(2)    At the hearing, the parties may present additional evidence as necessary.
(3)    After the hearing, the Commission shall:
(i)    wholly or partly accept or reject the vocational rehabilitation plan; and
(ii)    pass an appropriate order about vocational rehabilitation of the covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XI - Vocational Rehabilitation Benefits › Section 9-674 - Payment of Expenses, Compensation, Maintenance, and Transportation Costs; Duration of Training

(a)    The employer or its insurer shall pay the expenses of the vocational assessment and vocational rehabilitation services of a covered employee.
(b)    (1)    While a covered employee is receiving vocational rehabilitation services, the employer or its insurer shall pay compensation to the covered employee as if the covered employee was temporarily totally disabled.
(2)    If a covered employee refuses to accept vocational rehabilitation services in accordance with an order of the Commission and the Commission determines the refusal to be unreasonable, payments under paragraph (1) of this subsection are forfeited for the period of refusal.
(c)    (1)    If a covered employee is required to live away from home in the course of receiving vocational rehabilitation services, the employer or its insurer shall pay to the covered employee money that:
(i)    is sufficient to maintain the covered employee while the covered employee receives vocational rehabilitation services; but
(ii)    does not exceed $40 a week.
(2)    The employer or insurer shall make payments for maintenance under paragraph (1) of this subsection in addition to the payment of compensation under subsection (b) of this section.
(d)    (1)    Except as provided in paragraph (2) of this subsection, a covered employee who resides at home during vocational rehabilitation training is not entitled to reimbursement of transportation costs to and from the place of vocational training.
(2)    In unusual cases the Commission may allow reasonable transportation costs.
(e)    For the purposes of this section, vocational rehabilitation training may not last for more than 24 months.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XI - Vocational Rehabilitation Benefits › Section 9-675 - Vocational Rehabilitation Reports

(a)    When a covered employee has received temporary total disability benefits continuously for 6 months, the insurer or self-insurer shall submit to the Commission a vocational rehabilitation progress report on the form that the Commission requires.
(b)    After submitting a report under subsection (a) of this section, the insurer or self-insurer shall submit further vocational rehabilitation progress reports to the Commission every 120 days or sooner as requested by the Commission.
(c)    If the Commission finds that an insurer or self-insurer has failed to submit a report within the time period required by this section, the Commission may impose a fine not exceeding $500 on the insurer or self-insurer.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-679 - Determination of Dependency

(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)    Except as otherwise provided in this subtitle, the Commission shall determine all questions of partial or total 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.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-680 - Compensation Prohibited

(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)    The surviving spouse of a covered employee whose death was caused by an accidental personal injury or an occupational disease is not entitled to benefits under this title if:
(1)    the surviving spouse deserts the covered employee for more than 1 year before the time of the occurrence of the accidental personal injury or the date of disablement from the occupational disease;
(2)    the surviving spouse deserts the covered employee at any time after the time of the occurrence of the accidental personal injury or the date of disablement from the occupational disease; or
(3)    the surviving spouse and the covered employee:
(i)    were married after the time of the occurrence of the accidental personal injury or the date of disablement from the occupational disease; and
(ii)    do not have any dependent children.
(c)    (1)    Except as provided in paragraph (2) of this subsection, an individual is not entitled to compensation due to the death of a covered employee from an occupational disease if the individual became dependent on the covered employee after the beginning of the 1st compensable disability of the covered employee resulting from the occupational disease.
(2)    The prohibition against compensation in paragraph (1) of this subsection does not apply to a child of the deceased covered employee born:
(i)    after the beginning of the 1st compensable disability of the covered employee resulting from the occupational disease; and
(ii)    of a marriage that existed at the beginning of the disability.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 6 - Benefits › Part XII - Death Benefits › Section 9-682 - Partly Dependent Individuals

(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)    The employer or its insurer shall pay a death benefit in accordance with this section if:
(1)    there are no individuals who were wholly dependent on the deceased covered employee at the time of death, but there are individuals who were partly dependent; or
(2)    a surviving spouse who was wholly dependent on the deceased covered employee at the time of death becomes partly self–supporting.
(c)    (1)    The maximum weekly death benefit payable under this section shall equal two–thirds of the average weekly wage of the deceased covered employee, but may not exceed two–thirds of the State average weekly wage.
(2)    The weekly death benefit payable under this section shall be the percentage of the maximum weekly death benefit under paragraph (1) of this subsection that:
(i)    the weekly earnings of the deceased covered employee bears to the combined weekly earnings of the deceased covered employee and the partly dependent individuals; and
(ii)    does not exceed the maximum weekly death benefit.
(d)    Except as otherwise provided in this section, the employer or its insurer shall pay the weekly death benefit:
(1)    for the period of partial dependency; or
(2)    until $75,000 has been paid, including any payments made during a period of total dependency under § 9–681 of this subtitle.
(e)    (1)    Subject to paragraph (2) of this subsection, if a surviving spouse who is partly dependent remarries and does not have dependent children at the time of the remarriage, the employer or its insurer shall make payments to the surviving spouse for 2 years after the date of the remarriage.
(2)    The total of the payments made before the remarriage may not exceed $75,000.
(f)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, the employer or its insurer shall continue to make payments to, or for the benefit of, a surviving child until the child reaches 18 years of age.
(2)    If a child who is 18 years old or older remains partly dependent on the deceased covered employee, the employer or its insurer shall continue to make payments in accordance with subsections (c) and (d) of this section.
(3)    The employer or its insurer shall continue to make payments to, or for the benefit of, a child who is 18 years old or older for up to 5 years after reaching the age of 18 if:
(i)    the child is attending school on a full–time basis; and
(ii)    the school offers an educational program or a vocational training program and the program is accredited or approved by the Maryland State Department of Education.