Labor and Employment (GLE) — Title 9. Workers' Compensation

an accidental injury that arises out of and in the course of employment;

an injury caused by a willful or negligent act of a third person directed against a covered employee in the course of the employment of the covered employee; or

a disease or infection that naturally results from an accidental injury that arises out of and in the course of employment, including:

an adopted child;

an illegitimate child;

a posthumous child; and

a stepchild.

“Compensation” means the money payable under this title to a covered employee or the dependents of a covered employee.

“Compensation” includes funeral benefits payable under this title.

as the result of and in the course of employment; and

that causes the covered employee to become temporarily or permanently, partially or totally incapacitated.

Except as otherwise provided in this title, a covered employee or an employer of a covered employee may not by agreement, rule, or regulation:

An agreement, rule, or regulation that violates paragraph (1) of this subsection is void to the extent of the violation.

If federal law provides an exclusive remedy and compensation to an employee of a common carrier by railroad in this State or a dependent of the employee for disability or death caused by an accidental personal injury sustained in interstate or foreign commerce, the carrier and the employee may enter into an agreement that provides:

To enter into an agreement with any employees of a common carrier by railroad under paragraph (1) of this subsection, the carrier shall:

Thirty days after a common carrier by railroad submits to the Commission a document making an offer under paragraph (2) of this subsection, each employee of the carrier shall be conclusively presumed to have entered into the agreement unless, within the 30 days, an employee submits to the Commission a written notice declining the offer.

A common carrier by railroad or an employee of the carrier may end an agreement made under this subsection on the part of the carrier or employee by giving the Commission at least 30 days’ written notice of intention to end the agreement.

If a common carrier by railroad or an employee of the carrier gives the Commission notice of intention to end the agreement in accordance with paragraph (4) of this subsection, the agreement shall end on the part of the carrier or employee on the effective date of the notice.

voluntarily enters into the contract; and

executes the contract in the presence of 2 individuals who sign the contract as witnesses.

Subject to paragraph (5) of this subsection, as part of a collective bargaining agreement, an employer and a recognized or certified exclusive bargaining representative of employees under the purview of the Building and Construction Trade Council may agree to:

An agreement under this subsection is not valid until it has been filed with the Commission and determined by the Commission to be in compliance with this subsection and this title.

Once an agreement under this subsection has been determined to be in compliance with this subsection and this title by the Commission it is binding on the employer and the bargaining unit.

This subsection does not allow an agreement that:

An agreement that violates paragraph (5) of this subsection is void.

Notwithstanding paragraph (1)(ii) of this subsection, an injured employee whose injury or treatment is related to a medical condition for which the employee is being or has been treated may continue to seek treatment from the health care provider who is treating or has treated the condition.

An agreement under this subsection shall provide for an appeal mechanism for a covered employee who wishes to use a health care provider who is not on the agreed list of health care providers.

Nothing in this subsection requires an insurer to underwrite a program established under paragraph (1) of this subsection.

a certificate of compliance with this title; or

the number of a workers’ compensation insurance policy or binder.

The Commission shall provide blank application forms to each governmental unit that issues a license or permit under State law for applicants for the license or permit to use to get a certificate of compliance.

The application form shall require information that will allow the Commission to determine whether the employer is in compliance with this title.

determine whether the applicant is in compliance with this title; and

mail to the applicant:

reapply for a certificate of compliance; or

appeal the rejection in accordance with §§ 10-222 and 10-223 of the State Government Article.

in this State;

outside of this State on a casual, incidental, or occasional basis if the employer regularly employs the individual within this State; or

wholly outside the United States under a contract of employment made in this State for the work to be done wholly outside of the United States.

An individual is not a covered employee while working in this State for an employer only intermittently or temporarily if:

If an individual is exempted from coverage under this subsection and injured in this State while working for the employer of the individual, the sole remedy of the individual is the workers’ compensation or similar law of the state on which the exemption is based.

A certificate from an authorized officer of the workers’ compensation commission or similar unit of another state certifying that the employer is insured in that state and has provided extraterritorial insurance coverage for the employees of the employer while working within this State is prima facie evidence that the employer carries that compensation insurance.

Except as provided in subsection (b) of this section, with the approval of the Commission, an individual who otherwise would not be a covered employee and the employer of the individual may elect to make the individual a covered employee by filing a joint election with the Commission.

The right to make an election under this subsection for an individual may be exercised by:

the individual:

subject to subsection (c)(3) of this section, the individual is an officer of a corporation, other than a close corporation;

the individual:

the individual:

the individual:

A corporation or limited liability company shall submit to the Commission and to the insurer of the corporation or limited liability company a written notice that names the individual who has made an election to be exempt under subsection (b) of this section.

An election under subsection (b)(1) or (4) of this section is not effective until a corporation or limited liability company complies with this subsection.

No more than five officers of a corporation described in subsection (b)(2) of this section may elect to be exempt under subsection (b)(2) of this section.

on the street; or

to customers at their homes or places of business.

each independent news agency for which the covered employee sells newspapers; and

each publisher who engages the covered employee to distribute or sell its newspapers.

Except as provided in paragraph (3) of this subsection, an individual and the employer of the individual may elect to make the individual a covered employee by filing a joint election with the Commission, if the individual:

The right to make an election under paragraph (1) of this subsection for an individual may be exercised by:

For an individual who is not a covered employee due to § 9–223(c) of this subtitle, an employer may not make an election under this subsection if prohibited by federal law.

In this section the following words have the meanings indicated.

“Farmer” includes a dairy farmer.

the individual receives compensation from a farmer for any service other than office work, including:

the farmer has:

the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed;

the individual is free from control and direction over the individual’s performance of the service;

the individual provides the individual’s own equipment, materials, and tools; and

the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.

This section applies to each jockey licensed by the State Racing Commission to ride a thoroughbred horse.

This section applies only at a thoroughbred racing association or training facility under the jurisdiction of the State Racing Commission.

live thoroughbred racing; or

training a thoroughbred race horse, if the principal earnings of the jockey are based on money earned as a jockey during live racing and not as an exercise rider.

For the purposes of this title, the employer of a jockey who is a covered employee under this section is the Maryland Jockey Injury Compensation Fund, Inc.

This subsection does not affect any other provision of law or practice.

in or about the private home of the employer; or

for an employer with no other covered employee, in or about the premises where the employer carries on a business, profession, or trade.

training as part of the Maryland State Guard; or

on active military duty in the organized militia under order of the Governor in time of:

In this section the following words have the meanings indicated.

“Mine” includes a drift, shaft, slope, tunnel, underground room, and any other underground places or workings.

“Mineral” includes clay, coal, and iron.

a drift, shaft, slope, or other underground tunnel extends into an adjoining state; and

the individual is injured or killed while working in the mine within the adjoining state.

This section applies to an individual who is an owner operator of:

This section does not apply to the owner operator of a vehicle registered as a Class T vehicle under § 13-920 of the Transportation Article.

the individual and motor carrier make a written agreement for permanent or trip leasing;

under the agreement:

for federal tax purposes, the individual qualifies as an independent contractor.

A motor carrier who enters into an agreement under subsection (b) of this section is considered a principal contractor under § 9-508 of this title.

An individual who is an owner operator and enters into an agreement under subsection (b) of this section is:

Each auxiliary police officer for Baltimore County is a covered employee while on duty as defined in the Baltimore County Police Manual of Rules, Regulations, and Procedures.

Each auxiliary police officer for Howard County is a covered employee while on duty as defined in the Howard County Police Department’s General Orders.

Except as provided in paragraph (2) of this subsection, each member of a volunteer police department is a covered employee.

A member of a volunteer police department in Allegany, Carroll, Cecil, Charles, Garrett, Queen Anne’s, St. Mary’s, Somerset, Washington, or Worcester County is not a covered employee.

For the purposes of this title, the political subdivision of the State where the department is organized is the employer of the covered employee in the department.

working for a board of county commissioners, a county council, or a county roads board if:

engaged in work while under the supervision of Maryland Correctional Enterprises in the Federal Prison Industry Enhancement Program as provided in § 10-308(d) of the Correctional Services Article.

general public assistance to employables; or

a work experience program that the Department of Human Services administers as part of its employment initiatives project.

A student with a disability as defined in § 8–401(a)(2) of the Education Article is a covered employee while working for an employer without wages in a work assignment in accordance with § 8–402 of the Education Article.

For the purposes of this title, the employer for whom the student with a disability works is the employer of that student.

An individual is a covered employee while working as a student intern or student teacher under § 6–107 of the Education Article.

For the purposes of this title, the Board of School Commissioners of Baltimore City or the board of education for any other county is the employer of an individual who is a covered employee under this subsection in that county.

A student is a covered employee when the student has been placed with an employer in an unpaid work–based learning experience coordinated by a county board or private noncollegiate institution under § 7–114 of the Education Article.

For purposes of this title, the employer for whom the student works in the unpaid work–based learning experience is the employer of that student.

A DORS consumer is a covered employee when the individual has been placed by DORS with an employer in an unpaid work–based learning experience.

For purposes of this title, the employer for whom the DORS consumer works in the unpaid work–based learning experience is the employer of the DORS consumer.

In this section the following words have the meanings indicated.

“Ridesharing” has the meaning stated in § 11-150.1 of the Transportation Article.

“Vanpool operation” has the meaning stated in § 11-175.1(a) of the Transportation Article.

is leased, operated, or owned by an employer for ridesharing;

operates between the residence and place of employment of the passengers; and

is insured in accordance with § 13-422 of the Transportation Article.

In this section the following words have the meanings indicated.

Subject to paragraph (2) of this subsection, a civil defense volunteer is a covered employee if the individual sustains an injury in the course of providing services at the request of the State during an emergency while the emergency may reasonably be considered to be in existence, or during scheduled emergency training.

A civil defense volunteer is not entitled to workers’ compensation benefits under this section if the individual is otherwise covered by workers’ compensation insurance for services performed at the request of the State during an emergency or scheduled emergency training.

A civil defense volunteer must file a claim in this State to be eligible for benefits under this section.

For the purpose of computing the average weekly wage of a civil defense volunteer who is covered under this section, the wages of the covered employee shall be:

In this section the following words have the meanings indicated.

“Volunteer company” means:

accompanying an accident or fire victim who is being transported to a hospital in a helicopter; and

returning to the home station of the individual after accompanying a victim under item (1) of this subsection.

Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Allegany County is not a covered employee.

The Board of County Commissioners for Allegany County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.

Unless an election is made in accordance with this subsection, a member of a volunteer company in Carroll County is not a covered employee.

A volunteer fire company in Carroll County may elect to make its members covered employees.

A volunteer fire company that elects to make its members covered employees shall pay the premium for the coverage.

A member of a volunteer company in Cecil County who meets the guidelines set under paragraph (2) of this subsection is a covered employee while on duty.

The Board of County Commissioners of Cecil County may set guidelines to determine the eligibility of members of a volunteer company in the county for coverage under this subsection.

The guidelines under paragraph (2) of this subsection may not limit the number of covered employees in a volunteer company.

Unless an election is made in accordance with this subsection, a member of a volunteer company in Charles County is not a covered employee.

The Board of County Commissioners of Charles County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.

Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Garrett County is not a covered employee.

The Board of County Commissioners for Garrett County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.

while on duty as an actively participating member of a volunteer company in Howard County; or

if not covered under item (1) of this subsection, while a member of a volunteer company in Howard County participating in the activities of the volunteer company.

An individual is a covered employee:

The Board of County Commissioners of Kent County shall impose annually a tax on assessable property in the county in an amount that is sufficient to pay for coverage under this subsection.

The Board of County Commissioners of Kent County may limit the number of members in a volunteer company in the county.

while on duty as a member of the Laurel volunteer rescue squad in Prince George’s County; or

while a member of a volunteer company in Prince George’s County.

Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in St. Mary’s County is not a covered employee.

The Board of County Commissioners for St. Mary’s County may provide by resolution for the members of a volunteer company in the county to be covered employees while on duty.

Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Somerset County is not a covered employee.

The Board of County Commissioners for Somerset County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.

A member of a volunteer company in Talbot County is a covered employee.

The County Council of Talbot County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.

Except as provided in paragraph (3) of this subsection, unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Washington County is not a covered employee.

The Board of County Commissioners for Washington County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.

A member of a volunteer company in Washington County is a covered employee if the individual is at least 15 years old and is enrolled in the Fire and Rescue Academy Program operated by the Washington County Board of Education.

A member of a volunteer company in Wicomico County is a covered employee.

The County Council of Wicomico County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.

Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Worcester County is not a covered employee.

The Board of County Commissioners for Worcester County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.

For the purposes of this title, a member of a volunteer company who is a covered employee under this section is an employee of the political subdivision of the State where the volunteer company is organized.

A member of a volunteer company shall be covered while on duty by a policy of workers’ compensation insurance.

Each member of the Commission:

Each member of the Commission shall:

The term of a member is 12 years.

The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 1991.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

Subject to the hearing requirements of this subsection, the Governor may remove a member from office for:

Before the Governor removes a member, the Governor shall give the member:

At least 10 days before the hearing, the Governor shall give the member notice of the time and place of the hearing.

The member may be represented at the hearing by counsel.

In this subsection, “former commissioner” means a commissioner who previously served as a member of the Commission.

Except as provided in subsection (c) of this section, the Chairman may assign a former commissioner to conduct hearings if the former commissioner:

A former commissioner may not be recalled for temporary assignment if the commissioner:

A former commissioner temporarily assigned under this section has all the power and authority of a member of this Commission.

The Commission shall adopt regulations consistent with those for the recall of former circuit and District Court judges.

The Chairman is the administrative and executive head of the Commission.

Subject to paragraph (3) of this subsection, the Chairman has final authority over:

The Chairman does not have final authority over:

Each member of the Commission shall devote full time to the duties of office.

While on the Commission, a member may not:

Each member of the Commission is entitled to:

The annual salary of a member of the Commission:

Except as provided in paragraphs (1) and (2) of this subsection, a member of the Commission may not receive a fee or perquisite for the discharge of any duty of office.

The Chairman of the Commission may employ a staff for the Commission in accordance with the State budget.

Except as otherwise provided by law, the staff is in the State Personnel Management System.

perform each duty that the Chairman of the Commission assigns; and

keep, at the principal office of the Commission, a public record of:

by first–class mail; or

by electronic means, if the party’s attorney of record consents or, if the party is unrepresented, the party consents.

administer an oath; or

certify to an official act.

To carry out this title, a member of the Commission, the Secretary of the Commission, a special examiner, or any inspector may take a deposition as provided by law.

In an investigation, the Commission may cause the deposition of a witness to be taken as provided by law.

The Commission shall have a seal inscribed with the words “Workers’ Compensation Commission, State of Maryland -- Official Seal”.

The Commission shall use the seal for the authentication of its awards, orders, and proceedings.

personal appearance of a witness; or

a deposition by the party, as authorized under § 9–719 of this title.

any suggestions to improve the administration of this title;

a detailed statement of receipts and disbursements of the Commission; and

statistical analyses of:

Each insurer and each self–insurer, that provides workers’ compensation insurance in the State, shall submit a quarterly case payment report to the Commission:

An insurer or a self–insurer who is required to submit a report under paragraph (1) of this subsection shall submit the report within 40 days after the date on which the Commission mails the printed forms or computer tapes to the insurer or self–insurer.

fails to timely file a report under subsection (b) of this section; or

files a report under subsection (b) of this section that includes inaccurate or insufficient information.

waive the fine specified under subsection (c) of this section; and

grant the insurer or self–insurer the additional time that may be necessary.

an application for benefits;

notice of compensation;

proof of employment and wage earnings;

proof of death;

proof of injury;

proof of medical attendance; and

any other purpose that the Commission considers proper and advisable.

In this section the following words have the meanings indicated.

“Insured payroll” means the payroll of an employer who:

“Insurer” means:

the costs of the administration of the Occupational Safety and Health Program by the Commissioner of Labor and Industry under Title 5 of this article;

the costs of the administration of the workforce fraud program by the Commissioner of Labor and Industry under Title 3, Subtitle 9 of this article; and

any cost incurred by the State, including contribution as an employer, because of the participation of a Commissioner in the Judges’ Retirement System of the State of Maryland.

Before each fiscal year, the Commission shall calculate for each insurer the tax for the maintenance of the Commission in accordance with this section.

First, the Commission shall calculate the assessment percentage by:

Then, the Commission shall apply the assessment percentage determined under paragraph (2) of this subsection to the insured payroll of each insurer.

examine payrolls and require reports from employers and insurers as may be reasonable and necessary to carry out this section; and

adopt regulations to carry out this section.

The Advisory Committee consists of 12 members, appointed by the Governor with the advice and consent of the Senate.

Each member appointed by the Governor serves at the pleasure of the Governor.

The Governor shall appoint a chairman from among the members of the Advisory Committee.

ensure that each geographic region of the State is represented;

ensure that various disciplines within the workers’ compensation community are represented, including:

consider, in consultation with the chairman, the recommendations made by representatives of each of these disciplines.

The term of an appointed member is 3 years.

The terms of members are staggered.

A member may be reappointed.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

all revenue received through the imposition and collection of the assessment tax under § 9-316 of this subtitle;

income from investments that the Treasurer makes for the State Fund; and

any other fee, examination assessment, or revenue received by the Commission under this title.

the costs and expenses incurred by the Commission that are related to the operation of the Commission, including:

any other expense authorized in the State budget, including costs specified under § 9-315 of this subtitle.

All the costs and expenses of the Commission shall be included in the State budget.

Any expenditures from the Fund to cover costs and expenses of the Commission may only be made:

The State Treasurer is the custodian of the Fund.

The State Treasurer shall deposit payments received from the Commission into the Fund.

The Fund is a continuing, nonlapsing fund and is not subject to § 7-302 of the State Finance and Procurement Article, and may not be deemed a part of the General Fund of the State.

Unless otherwise provided by law, no part of the Fund may revert or be credited to:

maintaining insurance with an authorized insurer;

participating in a governmental self–insurance group that meets the requirements of § 9–404 of this subtitle;

participating in a self–insurance group of private employers that meets the requirements of Title 25, Subtitle 3 of the Insurance Article;

maintaining self–insurance for an individual employer in accordance with § 9–405 of this subtitle; or

having a county board of education or private noncollegiate institution secure compensation under § 8–402(c) or § 7–114(d) of the Education Article.

A person may not knowingly advise an employer to take action for the purpose of violating this section.

A person found in violation of this subsection shall be subject to a civil penalty of not more than $20,000.

An employer may be assessed civil penalties by only one order of a court or administrative unit for the same actions constituting a knowing failure to properly classify an individual as an employee.

Notwithstanding paragraph (1) of this subsection, an employer may be ordered to make restitution, pay any interest due, and otherwise comply with all applicable laws and regulations by orders of a court, the Commission, and all other relevant administrative units, including the Comptroller, the Office of Unemployment Insurance, the Insurance Administration, and the Division of Labor and Industry.

to secure compensation; or

except for a public service corporation under the jurisdiction of the Public Service Commission, to prevent or otherwise to reduce accidents.

The Commission shall adopt regulations:

Notwithstanding the local government guidelines set forth in §§ 17–101 and 17–102 of the Local Government Article, the guidelines required by paragraph (1)(ii) of this subsection shall:

Subject to paragraph (2) of this subsection, a governmental self–insurance group may be formed by any combination of:

A board of education or a community college may not participate in a governmental self–insurance group unless its participation is approved by its county governing body.

any unit created or funded by the county; and

regardless of funding:

A governmental self–insurance group shall get a certificate of authority from the Commission before the governmental self–insurance group may self–insure.

To qualify for a certificate under this subsection, a governmental self–insurance group shall satisfy the Commission that the governmental self–insurance group:

The Commission shall issue a certificate of authority to each governmental self–insurance group that meets the requirements of paragraph (2) of this subsection.

At any time, the Commission may require a governmental self–insurance group to secure payment of compensation by depositing with the Commission security:

On application and subject to paragraph (3) of this subsection, the Commission shall return security that a governmental self–insurance group has deposited under this subsection if:

After reviewing the application and before returning security to a governmental self–insurance group, the Commission may require the governmental self–insurance group to submit to the Commission an indemnity bond in an amount equal to the value of the security.

Each governmental self–insurance group shall have in the State an office run by a competent individual who handles all of the workers’ compensation work in the State for the governmental self–insurance group.

Each governmental self–insurance group shall establish a toll–free telephone number through which an employee or claimant, or a representative of an employee or claimant, may make direct telephone inquiries during regular business hours.

The Commission may assess a fine not exceeding $1,000 on a governmental self–insurance group that does not comply with this subsection.

To be informed of the continuing financial responsibility of each governmental self–insurance group, the Commission:

Each year, the Commission shall assess each governmental self–insurance group an amount not exceeding $1,500 to be used for actuarial studies and audits.

The Commission shall revoke the approval of a governmental self–insurance group to self–insure under this section if the governmental self–insurance group:

Whenever the Commission revokes approval for a governmental self–insurance group to self–insure under this section, the members of the governmental self–insurance group immediately shall secure compensation through an authorized insurer.

If a member of a governmental self–insurance group fails to secure compensation as required by paragraph (2) of this subsection, the Commission shall order the member of the governmental self–insurance group to secure compensation through an authorized insurer.

At any time, the Commission may require an employer who self–insures under this section to secure payment of compensation by depositing with the Commission:

On application and subject to paragraph (3) of this subsection, the Commission shall return security that an employer has deposited under this subsection if the employer:

After reviewing the application and before returning security to an employer the Commission may require the employer to submit to the Commission an indemnity bond in an amount equal to the value of the security.

Each employer that self–insures under this section shall have in the State competent individuals who:

Each employer that self–insures under this section shall establish a toll–free telephone number through which an employee or claimant, or a representative of an employee or claimant, may make direct telephone inquiries during regular business hours.

The Commission may assess a fine not exceeding $1,000 on a self–insurer that does not comply with this subsection.

To be informed of the continuing financial responsibility of each employer who self–insures under this section, the Commission:

Each year, the Commission shall assess each self–insured employer an amount not exceeding $1,500 to be used for actuarial studies and audits.

The Commission shall revoke the approval of an employer to self–insure under this section if the employer:

Whenever the Commission revokes approval for an employer to self–insure under this section, the employer immediately shall secure compensation through an authorized insurer.

If an employer fails to secure compensation as required by paragraph (3) of this subsection, the Commission shall order the employer to secure compensation through an authorized insurer.

the financial strength of the employer;

the number of covered employees of the employer;

the degree of hazard for covered employees of the employer;

the likelihood that several covered employees will be injured or killed in the same accident; and

if the employer wants to use an authorized insurer, the reputation of the authorized insurer for fair and prompt settlement of claims for compensation; and

issue an order directing the employer to attend a hearing to show cause as to why the employer should not be:

set the hearing as soon as practicable.

order the employer to:

order the employer to pay a penalty not to exceed $25,000 to the Uninsured Employers’ Fund.

If an employer fails to comply with an order to insure with an authorized insurer issued under subsection (b) of this section or under § 9–404(j) or § 9–405(f) of this subtitle, within 30 days after the Commission issues the order, the Commission shall set a hearing as soon as practicable.

If, following the hearing, the Commission finds that the employer failed to comply with an order issued under subsection (b)(1) of this section, the Commission may order the employer to pay a penalty not to exceed $25,000 to the Uninsured Employers’ Fund.

An employer’s failure to pay a penalty under this section constitutes a default in payment of compensation and judgment shall be entered as in a case of default in payment of compensation.

The Uninsured Employers’ Fund may bring a civil action to collect any penalty ordered under this section or any assessment ordered under Subtitle 10 of this title.

a provision that the letter of credit is irrevocable for the term specified;

a provision that the letter of credit renews automatically at the end of the term unless written notice of nonrenewal is sent by the financial institution to the Commission by registered mail at least 60 days before the date of expiration;

a statement that the letter of credit is not subject to any condition or qualification; and

a statement that the letter of credit is governed by the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce.

handle and adjust each disputed workers’ compensation claim in the State for the insurer; and

possess the knowledge and experience to handle and adjust each disputed claim.

the covered employee for an accidental personal injury sustained by the covered employee; or

the dependents of the covered employee for death of the covered employee:

because of an occupational disease; and

from performing the work of the covered employee in the last occupation in which the covered employee was injuriously exposed to the hazards of the occupational disease.

the employer in whose employment the covered employee was last injuriously exposed to the hazards of the occupational disease; and

the insurer liable for the risk when the covered employee, while employed by the employer, was last injuriously exposed to the hazards of the occupational disease.

a covered employee of the employer for disability of the covered employee resulting from an occupational disease; or

the dependents of the covered employee for death of the covered employee resulting from an occupational disease.

the occupational disease that caused the death or disability:

on the weight of the evidence, it reasonably may be concluded that the occupational disease was incurred as a result of the employment of the covered employee.

A paid firefighter, paid firefighting instructor, paid rescue squad member, paid advanced life support unit member, or sworn member of the Office of the State Fire Marshal employed by an airport authority, a county, a fire control district, a municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, volunteer rescue squad member, or volunteer advanced life support unit member who is a covered employee under § 9–234 of this title is presumed to have an occupational disease that was suffered in the line of duty and is compensable under this title if:

A paid police officer employed by an airport authority, a county, the Maryland–National Capital Park and Planning Commission, a municipality, or the State, a deputy sheriff of Montgomery County, or, subject to paragraph (2) of this subsection, a deputy sheriff of Anne Arundel County, Anne Arundel County detention officer, deputy sheriff of Baltimore City, Carroll County correctional deputy, Montgomery County correctional officer, Prince George’s County deputy sheriff, Prince George’s County correctional officer, or deputy sheriff of Allegany County is presumed to be suffering from an occupational disease that was suffered in the line of duty and is compensable under this title if:

the individual has leukemia or prostate, rectal, throat, multiple myeloma, non–Hodgkin’s lymphoma, brain, testicular, bladder, kidney or renal cell, thyroid, colon, ovarian, or breast cancer that is caused by contact with a toxic substance that the individual has encountered in the line of duty;

the individual has completed at least 10 years of cumulative service within the State as a firefighter, a fire fighting instructor, a rescue squad member, or an advanced life support unit member or in a combination of those jobs;

the cancer or leukemia results in partial or total disability or death; and

in the case of a volunteer firefighter, volunteer fire fighting instructor, volunteer rescue squad member, or volunteer advanced life support unit member, the individual has met a suitable standard of physical examination before becoming a firefighter, fire fighting instructor, rescue squad member, or advanced life support unit member.

A forest ranger, park ranger, wildlife ranger, paid law enforcement employee of the Department of Natural Resources who is a covered employee under § 9–207 of this title, and a park police officer of the Maryland–National Capital Park and Planning Commission is presumed to have an occupational disease that was suffered in the line of duty and is compensable under this title if the individual:

The presumption under this subsection for a park police officer of the Maryland–National Capital Park and Planning Commission shall only apply:

Except as provided in paragraph (2) of this subsection, any paid firefighter, paid fire fighting instructor, sworn member of the Office of the State Fire Marshal, paid police officer, forest ranger, park ranger, wildlife ranger, paid law enforcement employee of the Department of Natural Resources, deputy sheriff of Anne Arundel County, Anne Arundel County detention officer, park police officer of the Maryland–National Capital Park and Planning Commission, deputy sheriff of Montgomery County, deputy sheriff of Baltimore City, Carroll County correctional deputy, Montgomery County correctional officer, deputy sheriff of Prince George’s County, or Prince George’s County correctional officer who is eligible for benefits under subsection (a), (b), (c), or (d) of this section or the dependents of those individuals shall receive the benefits in addition to any benefits that the individual or the dependents of the individual are entitled to receive under the retirement system in which the individual was a participant at the time of the claim.

The benefits received under this title shall be adjusted so that the weekly total of those benefits and retirement benefits does not exceed the weekly salary that was paid to an individual specified under paragraph (1) of this subsection.

the covered employee provides definite proof that satisfies the Commission that:

notwithstanding any other provision of this title about notice, the accidental personal injury or strain was reported to the employer within 45 days after its occurrence.

considered an occupational disease; and

compensable subject to § 9–502 of this subtitle.

an intentional, self-inflicted accidental personal injury, compensable hernia, or occupational disease; or

an attempt to injure or kill another.