reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 08 - BLIND INDUSTRIES AND SERVICES OF MARYLAND › Chapter 14.08.01 - Licensing for the Sale of Products Made by the Blind › Section 14.08.01.05 - Procedure for Investigation of Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any person who alleges by written
				complaint a violation of any law regulating the sale of products made by blind
				persons may initiate an investigation by Blind Industries and Services of
				Maryland. The complaint shall be accompanied by documents, contracts, or other
				records relevant to the complaint to the extent that these written materials
				exist.
B. Upon receipt of a sworn
				and written complaint, the Chairman of the Board of Trustees shall cause to be
				conducted a preliminary investigation of any person alleged to have violated
				the law, and a notice of preliminary investigation shall be delivered to all
				persons subject to this investigation. This notice shall contain a brief
				statement of the complaint and the sections of the law alleged to have been
				violated.
C. After the preliminary
				investigation, the complainant and the person subject to investigation shall
				receive a written report of the investigation with an opinion as to any
				probable cause of a violation of the law.
D. If probable cause of a violation is
				disclosed by the preliminary investigation, then all persons, including the
				complainant, shall be required to attend an informal conference in the offices
				of BISM. All other interested parties to the investigation shall be invited to
				attend.
E. The informal conference
				shall be for the purpose of explaining the law and the rights or duties of the
				parties with respect thereto with the intention of adjusting the
				complaint.
F. If the informal
				conference fails to adjust the complaint, any party (including the
				representative of BISM) may request a hearing by sending a written request to
				the Chairman of the Board of Trustees within 25 days after the informal
				conference.
G. The Chairman of the
				Board of Trustees shall have the discretion to order a hearing upon his own
				motion at any time within 25 days following the informal conference.
H. A notice of hearing with a brief statement
				of the allegations and references to the appropriate sections of the law shall
				be delivered to all parties involved.
I. The time and place of the hearing may not
				be changed unless 7 days prior thereto written notice is delivered to the
				Chairman of the Board of Trustees with reasonable grounds therefor, and granted
				by the Chairman.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 08 - BLIND INDUSTRIES AND SERVICES OF MARYLAND › Chapter 14.08.01 - Licensing for the Sale of Products Made by the Blind › Section 14.08.01.06 - Procedure for Hearings on Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. The matter shall be heard by a panel of
				three chosen by the Chairman of the Board of Trustees. One member of the panel
				shall be the President of BISM and two other members shall be chosen from the
				Board of Trustees. He shall designate one member as Chairman of the
				Panel.
B. The style of the
				complaint shall be called, and all persons summoned or who intend to give
				testimony shall be sworn.
C. The
				Chairman shall explain briefly the purpose and nature of the hearing.
D. Introduction of the following exhibits
				shall be made:
(1) The written
				complaint;
(2) Acknowledgement of
				the complaint;
(3) Notice of the
				complaint and preliminary investigation;
(4) Report of the preliminary
				investigation;
(5) Notice of
				informal conference;
(6) Written
				request for hearing;
(7) Notices of
				hearing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 08 - BLIND INDUSTRIES AND SERVICES OF MARYLAND › Chapter 14.08.01 - Licensing for the Sale of Products Made by the Blind › Section 14.08.01.07 - Procedure for Hearings on Suspension or Revocation of Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. The matter shall
				be heard by a panel selected as set forth in Regulation .06A.
B. The title of the case shall be called, and
				all persons summoned or who intend to give testimony shall be sworn.
C. The Chairman shall explain briefly the
				purpose and nature of the hearing, and shall recite the charges brought against
				the licensee, giving reference to the particular statute and sections
				thereof.
D. Counsel for any
				interested party may be heard for any preliminary objections, exceptions, or
				motions, provided counsel represents a person whose property rights may be
				affected by the hearing.
E.
				Introduction for identification only of any contracts, checks, notices,
				receipts, letters, files, or other documents relevant to the charges shall be
				proffered.
F. The Counsel for BISM
				shall conduct the initial examination of the witnesses and then any person
				subject to penalties under the law or his counsel shall be permitted to cross
				examine the witnesses, after which, the counsel for BISM may examine the
				witness on redirect examination.
G.
				Any person subject to penalty under the law may introduce any testimony or
				other evidence in rebuttal or of an affirmative nature. Any witness so
				introduced shall be subject to cross examination.
H. Counsel for BISM or any person subject to
				penalty under the law or through his attorney may make any statement or
				argument relevant to the hearing.
I. The rules of evidence of the
				Administrative Procedure Act, Article 41, § 252, Annotated Code of
				Maryland, shall apply. A copy of the section shall be furnished to the parties
				at or before the hearing.
J. The
				hearing panel shall file in BISM's office its findings which may result in
				suspension or revocation of the respondent's license or a reprimand to the
				respondents and a statement of all facts considered by them upon which the
				findings are based. A copy of the findings shall be given to each party
				involved.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 08 - BLIND INDUSTRIES AND SERVICES OF MARYLAND › Chapter 14.08.01 - Licensing for the Sale of Products Made by the Blind › Section 14.08.01.08 - Petition for Declaratory Rulings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee of BISM may petition the
				Chairman of the Board of Trustees for a ruling on the applicability of any
				regulation or of any statute to this licensee.
B. The petition shall state the regulation or
				statute to be considered and a concise statement of the facts.
C. The petition shall contain all statutes,
				judicial decisions, or regulations relevant to the issue.
D. The petitioner may request a hearing to
				present any argument in support of the issue.
E. The Chairman of the Board of Trustees,
				within 30 days from the presentation of the petition or the hearing, shall
				render a declaratory ruling on the petition.
F. Any declaratory ruling may be modified or
				reversed by the adoption of regulations after the ruling as provided in Article
				41, § 245, Annotated Code of Maryland.
G. Copies of all declaratory rulings shall be
				recorded in the office of BISM.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 08 - BLIND INDUSTRIES AND SERVICES OF MARYLAND › Chapter 14.08.01 - Licensing for the Sale of Products Made by the Blind › Section 14.08.01.09 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every
				advertisement shall state or clearly indicate the identity of the licensee in
				such a manner as to prevent confusion with the name of any other unrelated
				licensee.
B. A licensee may not
				advertise any statement or claims as to the superiority of any product which is
				not true.
C. A licensee may not
				advertise any warranties on any products which are not given to the customer in
				writing at the time of purchase.
D.
				All advertisements shall be submitted to the Chairman of the Board of Trustees
				of BISM at least 25 days before release. If the licensee does not receive a
				notice of disapproval from the Chairman at least 10 days before this
				advertising is to be released, then the licensee may proceed with this
				advertising on schedule. Any advertising which has not been disapproved may be
				repeated without further approval.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.01 - General Administrative › Section 14.09.01.02 - Commission Forms

Current through Register Vol. 51, No. 14, July 12, 2024
A. Use of
				Commission forms, available on the Commission's website or through CompHub, is
				mandatory. Use of Commission forms for any purpose for which they are not
				intended may result in delay or denial of the relief sought.
B. Where the Commission has not created a
				form but has directed that the party or attorney prepare its own petition or
				motion, the party or attorney shall draft and file the required
				papers.
C. Power of Attorney.
(1) If a party files a form or document under
				power of attorney, the party shall:
(a) Use a
				statutory form power of attorney in accordance with Estates and Trusts Article,
				§§ 17-101-17 -204, Annotated Code of Maryland; and
(b) File electronically a copy of the power
				of attorney with the Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.01 - General Administrative › Section 14.09.01.03 - Service of Papers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Service by
				Commission.
(1) The Commission shall serve
				all notices, orders, and decisions, by:
(a)
				Electronic means:
(i) To each party's
				attorney of record who has registered with CompHub and consents; and
(ii) To each unrepresented party who has
				registered with CompHub and consents; or
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.01 - General Administrative › Section 14.09.01.04 - Filing Forms and Documents with the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
Forms and documents may be filed with the Commission by one
				  of the following methods:
A.
				Electronically through CompHub;
B.
				In person at the Commission's principal office in Baltimore City; or
C. By mail addressed to the Commission's
				principal office in Baltimore City.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.01 - General Administrative › Section 14.09.01.05 - Hours of Business

Current through Register Vol. 51, No. 14, July 12, 2024
Except for legal holidays, the hours of business of the
				  Commission are Monday through Friday, 8 a.m. to 4:30 p.m.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.01 - General Administrative › Section 14.09.01.06 - Waiver of Strict Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
When justice so requires, the Commission may waive strict
				  compliance with these regulations.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.01 - General Administrative › Section 14.09.01.07 - Powers and Duties of Commissioners

Current through Register Vol. 51, No. 14, July 12, 2024
A. A Commissioner shall:
(1) Conduct a full, fair, and impartial
				hearing;
(2) Take action to avoid
				unnecessary delay in the disposition of the proceedings; and
(3) Maintain order.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.01 - General Administrative › Section 14.09.01.08 - Referral for Fraud

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to
				Labor and Employment Article, §
									9-310.2(a),
				Annotated Code of Maryland, any party may request that the Commission refer the
				case to the Insurance Fraud Division of the Maryland Insurance Administration
				for investigation.
B. A party
				requesting a referral to the Insurance Fraud Division shall complete a fraud
				referral form provided by the Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.01 - General Administrative › Section 14.09.01.09 - CompHub Conditions of Use

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A subscriber shall:
(1) Provide the
				Commission with current contact information and promptly update this
				information as it changes; and
(2)
				Abide by the terms of the service agreement available on CompHub, applicable to
				the role for which the user is authorized in CompHub.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.01 - General Administrative › Section 14.09.01.10 - Notices Concerning Claims - Posting by Employer

Current through Register Vol. 51, No. 14, July 12, 2024
The employer shall keep conspicuously posted at places of
				  employment controlled or operated by the employer all written notices provided
				  to the employer by the Commission or the employer's insurance carrier (or
				  prepared by the employer, if self-insured) that give instructions or convey
				  information to persons interested in or entitled to benefits under Labor and
				  Employment Article, Title 9, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.02 - Requirements for Filing and Amending Claims › Section 14.09.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Apostille" means a certificate issued
				under the Apostille Convention authenticating the origin of a public
				document.
(2) "Apostille
				Convention" means the Hague Convention of 5 October 1961 Abolishing the
				Requirement of Legalisation for Foreign Public Documents.
(3) "Authorization for Disclosure of Health
				Information" means the executed release authorizing the disclosure of protected
				health information in accordance with Labor and Employment Article,
				§§
										9-709,
				9-710, and
				9-711, Annotated
				Code of Maryland.
(4) "Certified
				copy" means a duplicate of an original document that is certified as a true and
				accurate copy by the officer having custody of the original.
(5) "Competent authority" means an authority
				designated by a Contracting State as competent to issue apostilles.
(6) "Foreign State" means a foreign sovereign
				state or country.
(7) "State of
				origin" means the country where the document was created or issued.
(8) "State Party" means a State that has
				joined the Apostille Convention, for which the Convention is in
				effect.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.02 - Requirements for Filing and Amending Claims › Section 14.09.02.02 - Requirements for Filing and Amending Claims

Current through Register Vol. 51, No. 14, July 12, 2024
A. Claim for Benefits.
(1) To initiate a claim for benefits, an
				employee shall file a claim form with the Commission as follows:
(a) If represented by counsel, counsel shall
				file the claim on behalf of the employee electronically through CompHub;
				or
(b) If unrepresented by counsel,
				the employee may file the claim:
(i)
				Electronically through CompHub; or
(ii) By paper form.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.02 - Requirements for Filing and Amending Claims › Section 14.09.02.03 - Adding or Impleading a Party

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A party may amend a claim to add another party by filing a request to implead a
				party form.
B. A party may amend a
				claim to add an employer, a statutory employer, an insurance carrier, the
				Subsequent Injury Fund or the Uninsured Employers' Fund.
C. Impleading the Subsequent Injury Fund.
(1) A party impleading the Subsequent Injury
				Fund more than 30 days before a scheduled hearing date shall file a request to
				implead a party form and shall serve the SIF with a copy of the form.
(2) A party impleading the SIF within 30 days
				of a scheduled hearing date shall:
(a) File a
				request to implead a party form;
(b) Serve the SIF with a copy of the form;
				and
(c) File with the form a
				declaration setting forth the moving party's prima facie case for alleging the
				involvement of the SIF, including, but not limited to, identification of the
				evidence the party intends to rely on to prove the liability of the
				SIF.
(3) Within 10 days
				of filing the request to implead a party form, and any other required
				documents, the impleading party shall provide the following to the SIF and all
				other parties to the claim:
(a) All prior
				awards or settlements, identified by claim number if available, to the claimant
				for permanent disability made or approved by the Commission, or by a comparable
				Commission of another state, or the District of Columbia;
(b) All relevant medical evidence relied on
				to implead the SIF; and
(c) A
				certification providing that a copy of the request to implead a party form,
				along with all required information and documents, have been served on the SIF
				and all other parties to the claim.
(4) A party who fails to comply with this
				regulation or causes unreasonable delay without good cause is subject to an
				assessment of costs and reasonable attorney fees under Labor and Employment
				Article, §
										9-734, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.02 - Requirements for Filing and Amending Claims › Section 14.09.02.04 - Death and Funeral Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Election for Counties and Municipal Corporations.
(1) A county or municipal corporation may
				elect for the death benefits provisions of Labor and Employment Article,
				§§
										9-683.1
				-9-683.5, Annotated Code of Maryland, to apply to its public safety employees
				subject to the statutory presumption set forth in Labor and Employment Article,
				§
										9-503, Annotated
				Code of Maryland.
(2) A county or
				municipal corporation may make this election by:
(a) Completing an online form, available at
				the Commission's website; and
(b)
				Attaching a copy of the county or municipal corporation's ordinance or
				resolution making the election.
(3) The Commission shall issue a date-stamped
				notice advising the county or municipal government of its receipt of the
				election.
(4) The date stamp of the
				Commission's notice will be used as the effective date of the
				election.
(5) All death benefit
				claims arising out of a death that occurred after the date of election are
				subject to the death benefits provisions set forth in Labor and Employment
				Article, §§
										9-683.1
				-9-683.5, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.02 - Requirements for Filing and Amending Claims › Section 14.09.02.05 - Foreign Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a
				document or public record required by this chapter was created or issued in a
				foreign state the Commission may not accept as supporting documentation:
(1) Photocopies;
(2) Facsimile copies;
(3) Notarized copies; or
(4) Documents with alterations or
				erasures.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.02 - Requirements for Filing and Amending Claims › Section 14.09.02.06 - Claim for Unpaid Compensation of Deceased Claimant

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person seeking unpaid compensation
				payments as a dependent of a deceased covered employee under Labor and
				Employment Article, §
									9-632,
				9-640, or
				9-646, Annotated
				Code of Maryland, shall file an issue form in the same claim.
B. A person seeking these benefits shall
				produce at the hearing proof of dependency and proof of death which may include
				a death certificate, marriage certificate, and birth certificate or order of
				adoption for any surviving children.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.02 - Requirements for Filing and Amending Claims › Section 14.09.02.07 - Notice of Claim to Employer and Insurer

Current through Register Vol. 51, No. 14, July 12, 2024
A. After a claim is filed, the Commission
				shall send a notice of claim to all parties listed on the claim form and
				identified through the Commission's database of insurers and
				employers.
B. Insurer Identified.
(1) If an insurer has been identified, the
				Commission shall send a response to employee's claim form to the insurer for
				completion.
(2) The insurer shall
				file a completed response to employee's claim form with the
				Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.02 - Requirements for Filing and Amending Claims › Section 14.09.02.08 - Electronic Filing by Employer and Insurer

Current through Register Vol. 51, No. 14, July 12, 2024
After a claim is filed, an employer and insurer who is
				  represented by counsel shall file any response and any subsequent paper
				  electronically through CompHub.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following term has the meaning indicated.
B. "Person in interest" means:
(1) An adult on whom a health care provider
				maintains a medical record;
(2) A
				person authorized to consent to health care for an adult pursuant to a grant of
				authority; and
(3) A duly appointed
				personal representative of a deceased person.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.02 - Filing and Withdrawing Issues

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				At the beginning of the claim, the employer or insurer may raise issues by
				filing the response to employee's claim form.
B. After the claim has commenced, any party
				may raise an issue by filing an issues form, available on the Commission
				website.
C. The following kinds of
				issues may be raised by filing an issues form:
(1) Whether the employee sustained an injury
				causally related to an accident that arose out of and in the course of
				employment;
(2) Whether the
				disability of the employee is causally related to the accidental
				injury;
(3) Whether the employee
				sustained a compensable hernia;
(4)
				Whether the employee sustained an occupational disease;
(5) Average weekly wage;
(6) Limitations;
(7) Jurisdiction;
(8) Statutory employment;
(9) Medical expenses;
(10) Vocational rehabilitation issues not
				requiring the expedited process of Regulation
				14.09.07.12;
(11) Attorneys' fees/costs;
(12) Penalties;
(13) Whether the employee is entitled to
				temporary partial and temporary total disability benefits;
(14) The nature and extent of a permanent
				disability to specified body parts;
(15) Authorization for medical treatment;
				and
(16) Other issues when
				articulated with specificity.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.03 - Hearing Notices

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Commission shall schedule a hearing on the issues identified on the issues
				form, or on the response to employee's claim form, unless a hearing is already
				scheduled or set to be scheduled, and shall send written notice to all parties
				of the scheduled hearing date.
B. A
				hearing notice issued by the Commission shall contain:
(1) The date the notice was issued;
				and
(2) The date, time and place of
				the hearing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.04 - Interpreters and Other Accommodations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Interpreter and Other Accommodations.
(1) If a party or witness cannot adequately
				hear, speak, or understand the spoken or written English language the
				Commission shall provide an interpreter or other reasonable accommodation
				service necessary for the party or witness to participate fully in the
				Commission proceedings.
(2) If a
				party, witness or individual having business with the Commission requires
				another form of accommodation to participate in Commission proceedings, the
				Commission shall take reasonable steps to provide a reasonable accommodation
				for the individual.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.05 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Use of
				Subpoenas.
(1) A subpoena is required to
				compel the person to whom it is directed to attend, give testimony, and produce
				designated documents or tangible things at a Commission proceeding or at a
				deposition held pursuant to Labor and Employment Article, §
										9-719(b),
				Annotated Code of Maryland.
(2) On
				a request of a party to a claim on which issues are currently pending, the
				Commission shall issue a subpoena for relevant documentation to be produced at
				the office of the requesting party and distributed to all parties to the claim
				in accordance with §G of this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.06 - Average Weekly Wage

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Preliminary Determination. For the purpose of making an initial award of
				compensation before a hearing in the matter, the Commission shall determine the
				claimant's average weekly wage from gross wages, including overtime, reported
				by the claimant on the employee's claim form.
B. Filing of Wage Statement. As soon as
				practicable, the employer/insurer shall file a wage statement containing the
				following information:
(1) The average wage
				earned by the claimant during the 14 weeks before the accident, excluding the
				time between the end of the last pay period and the date of injury, provided
				that periods of involuntary layoff or involuntary authorized absences are not
				included in the 14 weeks;
(2) Those
				weeks the claimant actually worked during the 14 weeks before the
				accident;
(3) Vacation wages paid;
				and
(4) Those items set forth in
				Labor and Employment Article, §
										9-602(a)(2),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.07 - Disclosure of Medical Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Parties' Continuing Duty to Disclose
				Medical Information.
(1) When a claim or an
				issue is filed with the Commission, each party promptly shall provide to all
				other parties copies of all relevant medical information in the possession of
				the party or that is subsequently received by the party, but not previously
				provided.
(2) For the purpose of
				this regulation, medical information in the possession of, or received by, the
				party's agent or attorney is considered to be in possession of the
				party.
(3) The duty to disclose
				applies to all medical information including reports, evaluations, tests, and
				bills, and continues during the pendency of the claim.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.08 - Medical Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Medical Examinations Ordered by the Commission.
(1) The Commission may order that the
				claimant be examined, at the Commission's expense, by the Commission's medical
				examiner or by some other physician, psychologist, or psychiatrist selected by
				the Commission.
(2) The claimant
				shall report to the office of the examining physician at the time scheduled by
				the physician for the examination.
(3) If the claimant is physically unable to
				report to the physician's office, the examination may be conducted wherever the
				claimant is located or is physically able to report.
(4) When the examining physician's report is
				filed, the Commission shall serve on all parties:
(a) A copy of the report; and
(b) A notice that any written objection to
				the report shall be filed within 15 days after the date of the
				notice.
(5) A written
				objection may be made by written letter filed with the Commission and shall
				state clearly the reasons for objecting to the examining physician's
				report.
(6) If no written objection
				is timely filed, the Commission may consider the report, along with any other
				admissible evidence presented, in deciding the claim.
(7) If an objection is timely filed, the
				Commission shall schedule a hearing on the matter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.09 - Hearing Exhibits and Witnesses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mandatory Exchange of Hearing Exhibits.
(1) Parties shall file exhibits, prepared in
				accordance with §D of this regulation, with the Commission through CompHub
				at least 3 business days prior to each hearing.
(2) Parties shall exchange exhibits by
				electronic means with all other parties at least 3 business days prior to each
				hearing.
(3) Failure to comply
				with this provision may result in sanctions.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.10 - Consequence of Nonappearance by Claimant

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a claimant, without good cause, fails
				to appear at a hearing on issues contesting the compensability of a claim, the
				Commission may dismiss the claim.
B. When a claimant, without good cause, fails
				to appear at a hearing on issues in a compensable claim, the Commission may
				proceed ex parte and may decide the issues based on information on file with
				the Commission, together with any evidence presented at the hearing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.11 - Request for Emergency Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A party may request an emergency hearing by filing a request for emergency
				hearing form.
B. A party may
				request an emergency hearing on the following bases:
(1) Continuing temporary total disability and
				exigent circumstances causing undue financial hardship;
(2) Proposed urgent medical treatment;
				or
(3) Other truly exigent
				circumstances causing undue hardship.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.12 - Request for Continuance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prior to
				filing a request for continuance of a scheduled hearing, the party seeking the
				continuance shall contact the other parties to the case and seek their
				consent.
B. A party seeking a
				continuance shall file a request for continuance form setting forth the reasons
				for the continuance at least 30 days prior to the scheduled hearing.
C. A request for continuance filed more than
				30 days prior to a scheduled hearing, to which the parties have consented,
				shall routinely be granted.
D. A
				request for continuance filed less than 30 days before the hearing may be
				granted subject to the discretion of the Commissioner.
E. A request for continuance will be decided
				based on the papers filed without a hearing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.13 - Request for Modification

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				party seeking modification of a prior finding or order shall file the request
				for modification form and simultaneously file an issues form identifying the
				issue to be resolved.
B. A party
				seeking modification shall file a request for modification form within 5 years
				of the later of the date of the accident, the date of disablement, or the date
				of the last compensation payment.
C. The request shall state specifically the
				finding or order that the party wishes modified and the facts and law upon
				which the party is relying as grounds for the modification.
D. When a party seeks an increase in a prior
				award for permanent partial disability, the parties shall comply with
				Regulation .07 of this chapter and COMAR 14.09.09.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.14 - Request for Rehearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within
				15 days after the date of decision, a party seeking reconsideration of a
				decision shall file a request for rehearing form, available on the Commission's
				website.
B. If the request is based
				on an alleged error of law, the request shall state specifically the error and
				the applicable case and statutory law.
C. If the request is based on newly
				discovered evidence, the request shall describe specifically the newly
				discovered evidence and the reasons why that evidence was not known and could
				not have been discovered by due diligence at the time of the prior
				hearing.
D. The request shall be
				accompanied by copies of all documentary evidence upon which the request is
				based.
E. An answer to a request
				for rehearing may be filed with the Commission within 10 days after the request
				is filed.
F. The Commission may
				decide the request with or without a hearing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.15 - Video Remote Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				as provided in COMAR 14.09.17, video remote hearings are available at the
				discretion of the Commission.
B.
				Consent Required. A party requesting a video remote hearing shall obtain
				consent of all parties. If there is no consent to a video remote hearing, the
				request may be denied.
C. Request
				for Video Hearing Form Required. A party wishing to request a video remote
				hearing shall file a request for video hearing form through CompHub.
D. Continuances. A party wishing to continue
				a video remote hearing shall file a continuance of hearing form which shall
				include a statement that all parties consent to the hearing being reset as a
				video remote hearing. If there is no consent to the hearing being reset as a
				video remote hearing, the hearing will be reset in the normal course as
				in-person.
E. Required Information.
				The request for video hearing form shall contain the following information:
(1) A statement that all parties consent to a
				video remote hearing;
(2) The name,
				email address, and telephone number of each party;
(3) The name, email address, and telephone
				number of each witness;
(4) Whether
				a language interpreter is required and for which languages; and
(5) A statement of the reasons for requesting
				a video remote hearing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.03 - Hearing Procedures › Section 14.09.03.16 - Hearings En Banc

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the
				request of a party, or on the Commission's own initiative, a matter may be set
				in for hearing en banc before three Commissioners selected by the
				Chairman.
B. In any examination or
				hearing held by the Commission under Labor and Employment Article, §§
									9-405 and
				9-406, Annotated
				Code of Maryland, the matter shall be set in for hearing en banc before a
				majority of the Commissioners.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.04 - Legal Representation and Fees › Section 14.09.04.01 - Legal Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Representation.
(1) A party may be
				represented before the Commission by:
(a) An
				attorney admitted by the Court of Appeals to practice in this State;
(b) An out-of-State attorney specially
				admitted by order of the circuit court pursuant to the Business Occupations and
				Professions Article, §
											10-215,
				Annotated Code of Maryland; or
(c)
				A party, who is an individual, may appear on the individual's own behalf
				pursuant to Business Occupations and Professions Article, §
											10-102,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.04 - Legal Representation and Fees › Section 14.09.04.03 - Schedule of Attorney's Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission
				shall approve attorney's fees in accordance with the schedule of fees
				established by the Commission and set forth in §C of this
				regulation.
B. Definitions.
(1) In this regulation, the following terms
				have the meanings indicated.
(2)
				Terms Defined.
(a) Award of compensation"
				means the amount of indemnity benefits actually paid or payable to the claimant
				after applying:
(i) Any credit or offset
				required by Labor and Employment Article, §
												9-503(c),
				9-609, or
				9-610, Annotated
				Code of Maryland; or
(ii) Reduction
				of the percentage of permanent partial disability following a stipulation,
				appeal, or other modification approved by the Commission.
(b) "Final award" means the award of
				compensation determined by the Commission after exhaustion of all applicable
				appeals, regardless of whether the award is increased or decreased because of
				any appeal.
(c) "Formal set-aside
				allocation" means a document reflecting a comprehensive analysis and projection
				of future injury-related medical needs and associated costs.
(d) "State average weekly wage" means the
				State average weekly wage in effect on the date of the accident or date of
				disablement.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.04 - Legal Representation and Fees › Section 14.09.04.04 - Attorneys' Fees for Multiple Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
A. An attorney who no longer represents a
				claimant and wishes to pursue a fee lien shall draft and file a petition for
				attorneys' fees.
B. The petition
				for attorneys' fees shall include:
(1) A
				statement of the work performed and the basis of the fee; and
(2) A certificate of service.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.05 - Uninsured Employers' Fund Claims › Section 14.09.05.01 - Notification and Response of Uninsured Employer and Claimant

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a workers'
				compensation claim is received by the Commission and the Commission's records
				indicate that the employer is uninsured, the Commission shall notify the
				employer of the claim by sending the employer:
(1) A notice of the claim form;
(2) An uninsured employer's questionnaire;
				and
(3) A request for verification
				of the employer's workers' compensation insurance policy.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.05 - Uninsured Employers' Fund Claims › Section 14.09.05.02 - Review of Claim Contested by Uninsured Employer

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission shall set a hearing to
				review any claim contested by an uninsured employer pursuant to Regulation .01C
				of this chapter.
B. Upon completion
				of the hearing the Commission shall:
(1)
				Dismiss the claim; or
(2) Issue an
				award requiring that the appropriate compensation be paid by the uninsured
				employer to the claimant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.05 - Uninsured Employers' Fund Claims › Section 14.09.05.03 - Review of Uncontested Claims

Current through Register Vol. 51, No. 14, July 12, 2024
If an uninsured employer does not contest the claim by filing
				  the response to employee's claim form within 21 days after the Commission
				  served the notice of the claim form to the employer, the Commission may:
A. Review the claim for legal sufficiency;
				and
B. Either:
(1) Dismiss the claim; or
(2) Issue an automatic award finding the
				claim compensable.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.05 - Uninsured Employers' Fund Claims › Section 14.09.05.04 - Notification and Payment of the Award

Current through Register Vol. 51, No. 14, July 12, 2024
The uninsured employer shall pay an award issued under
				  Regulation .02 or .03 of this chapter within 30 days of the date the Commission
				  serves notice of the award to the parties in accordance with Labor and
				  Employment Article, §
									9-1002,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.05 - Uninsured Employers' Fund Claims › Section 14.09.05.05 - Standards of Practice for Rehabilitation Counselors and Vocational Evaluators

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
				This regulation applies only to rehabilitation counselors and vocational
				evaluators.
B. Standards.
(1) Rehabilitation counselors and vocational
				evaluators shall use their professional skills to promote a disabled covered
				employee's active participation in plan development and the rehabilitation
				process within the disabled covered employee's physical and mental
				abilities.
(2) Rehabilitation
				counselors and vocational evaluators shall function within the limits of their
				defined roles, training, and professional competencies.
(3) Rehabilitation counselors and vocational
				evaluators may not engage in any activity which may compromise the health,
				safety, or welfare of the disabled covered employee, and shall avoid continuing
				a consulting or counseling relationship if it is reasonably expected that the
				relationship can be of no benefit to the client.
(4) Rehabilitation counselors and vocational
				evaluators shall demonstrate honesty and objectivity in:
(a) The administration, scoring,
				interpretation, and utilization of assessment instruments;
(b) The writing of reports; and
(c) Charges for professional
				services.
(5)
				Rehabilitation counselors and vocational evaluators may not engage in
				harassment or discrimination of disabled covered employees on the basis of age,
				race, creed, national origin, gender, disability, or religious
				affiliation.
(6) Rehabilitation
				counselors and vocational evaluators may not engage in any act or omission of a
				dishonest, deceitful, or fraudulent nature in the conduct of their professional
				activities.
(7) Rehabilitation
				counselors and vocational evaluators may not allow the pursuit of financial
				gain or other personal benefit to interfere with the exercise of sound
				professional judgment and skills.
(8) Rehabilitation counselors and vocational
				evaluators may not disparage the competency or ethics of other professionals or
				agencies in discussions with their clients.
(9) Rehabilitation counselors and vocational
				evaluators shall perform appropriate and objective vocational evaluations and
				vocational assessments promptly.
(10) Rehabilitation counselors and vocational
				evaluators shall work cooperatively in a multidisciplinary effort to provide
				services leading to suitable gainful employment for an injured
				worker.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.05 - Uninsured Employers' Fund Claims › Section 14.09.05.06 - Response of UEF and Impleader of Other Employer or Insurer

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 21 days
				after the date claimant filed a copy of the request for payment and claimant's
				questionnaire, the UEF shall respond by:
(1)
				Paying the award; or
(2) Filing
				issues.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.05 - Uninsured Employers' Fund Claims › Section 14.09.05.07 - Notification and Response of Impleaded Employer or Insurer

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the UEF impleads an employer or insurer
				the Commission shall serve the impleaded party a copy of the notice of the
				claim form.
B. The impleaded party
				shall respond within 21 days after the date of the notice referred to in
				§A of this regulation, by:
(1) Paying the
				award; or
(2) Filing
				issues.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.05 - Uninsured Employers' Fund Claims › Section 14.09.05.08 - Review of Disputed Claim

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				the UEF or an impleaded party disputes a claim under Regulation .06 or .07 of
				this chapter, the Commission shall set a hearing to review the claims of all
				parties on all issues.
B. Upon
				completion of the hearing, the Commission shall:
(1) Dismiss the claim; or
(2) Issue an award.