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14.09.05.00.htm 14.09.05.00. Title 14 INDEPENDENT AGENCIES Subtitle 09 WORKERS' COMPENSATION COMMISSION Chapter 05 Uninsured Employers' Fund Claims Authority: Labor and Employment Article, §9-309, 9-6A-04, 9-6A-07, and 9-1002, Annotated Code of Maryland
14.09.05.01.htm 14.09.05.01. 01 Notification and Response of Uninsured Employer and Claimant.. 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..
14.09.05.02.htm 14.09.05.02. 02 Review of Claim Contested by Uninsured Employer.. 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.
14.09.05.03.htm 14.09.05.03. 03 Review of Uncontested Claims.. If an uninsured employer does not contest the claim by filing the Response to Employee's Claim form (C-30) 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..
14.09.05.04.htm 14.09.05.04. 04 Notification and Payment of the Award.. 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.
14.09.05.05.htm 14.09.05.05. 05 Request for Payment by the Fund.. A. If the uninsured employer fails to pay an award and does not file for review of the award, the claimant may:1) Send a request for payment, and a copy of claimant's questionnaire to the UEF; and. 2) Contemporaneously file a copy of the request for payment and the claimant's questionnaire with the Commission.B. No action will be taken against an employer or the UEF if the request for payment and the claimant's questionnaire are not
14.09.05.06.htm 14.09.05.06. 06 Response of UEF and Impleader of Other Employer or Insurer.. 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.. B. If the UEF raises issues of statutory employment, or the existence of another employer or insurer, the UEF shall implead the employer and the insurer, if known.
14.09.05.07.htm 14.09.05.07. 07 Notification and Response of Impleaded Employer or Insurer.. 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..
14.09.05.08.htm 14.09.05.08. 08 Review of Disputed Claim.. 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..
14.09.05.9999.htm 14.09.05.9999. Administrative History Effective date: June 11, 2001 (28:11 Md. R. 1053) ―. Chapter revised and recodified from COMAR 14.09.07, Uninsured Employer's Fund Claims, to COMAR 14.09.05, Uninsured Employer's Fund Claims, effective March 3, 2014 (41:4 Md. R. 305)
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