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14.09.03.00.htm 14.09.03.00. Title 14 INDEPENDENT AGENCIES Subtitle 09 WORKERS' COMPENSATION COMMISSION Chapter 03 Hearing Procedures Authority: Health-General Article, §4-303 and 4-305; Labor and Employment Article, §9-309, 9-310, 9-311, 9-602, 9-625, 9-635, 9-701, 9-717, 9-720, 9-721, 9-726, 9-731, and 9-739; Annotated Code of Maryland
14.09.03.01.htm 14.09.03.01. 01 Definitions.. 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..
14.09.03.02.htm 14.09.03.02. 02 Filing and Withdrawing Issues.. A. At the beginning of the claim, the employer or insurer may raise issues by filing the Response to Employee's Claim form (C40)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
14.09.03.03.htm 14.09.03.03. 03 Hearing Notices.. A. The Commission shall schedule a hearing on the issues identified on the Issues form, or on the Response to Employee's Claim form (C40) 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;. 2) The date, time and place of the hearing; and. 3) A statement providing
14.09.03.04.htm 14.09.03.04. 04 Interpreters and Other Accommodations.. 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 ac
14.09.03.05.htm 14.09.03.05. 05 Subpoenas.. 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 pr
14.09.03.06.htm 14.09.03.06. 06 Average Weekly Wage.. 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 earne
14.09.03.07.htm 14.09.03.07. 07 Disclosure of Medical Information.. 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
14.09.03.08.htm 14.09.03.08. 08 Medical Examinations.. 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
14.09.03.09.htm 14.09.03.09. 09 Hearing Exhibits and Witnesses.. A. Mandatory Exchange of Hearing Exhibits.. 1) At least 3 business days prior to the scheduled hearing date, each party shall send to the other parties, including the Subsequent Injury Fund and the Uninsured Employers' Fund, copies of all medical exhibits that the party intends to introduce at the time of hearing that were not previously produced to the other party in accordance with Regulation 14.09.03.07A.
14.09.03.10.htm 14.09.03.10. 10 Consequence of Nonappearance by Claimant.. 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.
14.09.03.11.htm 14.09.03.11. 11 Request for Emergency Hearing.. 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.. C. A request for an emergency hearing shall be accompanied by supporting me
14.09.03.12.htm 14.09.03.12. 12 Request for Continuance.. 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. Requests for Continuance filed more than 30 days prior to a scheduled hearing, to which the parti
14.09.03.13.htm 14.09.03.13. 13 Motion for Modification.. A. A party seeking modification of a prior finding or order shall file the form captioned Motion for Modification and simultaneously file an Issues form identifying the issue to be resolved.B. A party seeking modification must file a Motion for Modification 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 motion shall state specifically the finding
14.09.03.14.htm 14.09.03.14. 14 Motion for Rehearing.. A. Within 15 days after the date of decision, a party seeking reconsideration of a decision shall file a Motion for Rehearing form, available on the Commission's website.B. If the motion is based on an alleged error of law, the motion shall state specifically the error and the applicable case and statutory law.C. If the motion is based on newly discovered evidence, the motion shall describe specifically the newly discovered evidence
14.09.03.15.htm 14.09.03.15. 15 Miscellaneous Forms.. A. The Request for Action on Filed Issues Form shall be used:. 1) By the filing party, to withdraw issues previously filed;. 2) By the claimant, to request dismissal of the claim;. 3) By the filing party, to request that the issues raised on the issue form be set for hearing with the pending issues in related claims; and4) By any party, to request a change in venue.. B. The Request for Document Correction form may be used to correct an error when:.
14.09.03.9999.htm 14.09.03.9999. Administrative History Effective date:. Regulation .01 adopted as an emergency provision effective August 1, 1987 (14:17 Md. R. 1869) emergency status expired July 31, 1988Regulation .01 adopted effective August 1, 1988 (15:14 Md. R. 1655). Regulation .01 amended effective August 1, 1991 (18:13 Md. R. 1484) ―. Regulation .01 repealed and new Regulation .01 adopted effective July 1, 1996 (23:12 Md. R. 872). Regulation .01 amended effective September 1, 2004 (31:13 Md. R. 995).
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