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<section article="gle" article_name="Labor and Employment" number="9-104" title_number="9" title_name="Workers' Compensation" subtitle_number="1" subtitle_name="Definitions; General Provisions">
  <level label="a">
    <level label="1">
      <text>Except as otherwise provided in this title, a covered employee or an employer of a covered employee may not by agreement, rule, or regulation:</text>
      <level label="i">
        <text>exempt the covered employee or the employer from a duty of the covered employee or the employer under this title; or</text>
      </level>
      <level label="ii">
        <text>waive a right of the covered employee or the employer under this title.</text>
      </level>
    </level>
    <level label="2">
      <text>An agreement, rule, or regulation that violates paragraph (1) of this subsection is void to the extent of the violation.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>for the payment by the carrier of compensation, in accordance with the federal law, to the employee or a dependent of the employee for disability or death caused by an accidental personal injury sustained in intrastate commerce; and</text>
      </level>
      <level label="ii">
        <text>except as otherwise provided in the agreement, that the carrier may not be civilly liable for the disability or death of the employee caused by the accidental personal injury.</text>
      </level>
    </level>
    <level label="2">
      <text>To enter into an agreement with any employees of a common carrier by railroad under paragraph (1) of this subsection, the carrier shall:</text>
      <level label="i">
        <text>submit, under seal, to the Commission a document that:</text>
        <level label="1">
          <text>offers to enter into an agreement with each of its employees in the State under paragraph (1) of this subsection; and</text>
        </level>
        <level label="2">
          <text>refers to the applicable federal law; and</text>
        </level>
      </level>
      <level label="ii">
        <text>publish notice of the offer once a week for 3 successive weeks after the document is submitted to the Commission:</text>
        <level label="1">
          <text>in a newspaper published in each county through which the carrier regularly runs a freight or passenger train; and</text>
        </level>
        <level label="2">
          <text>if the carrier regularly runs a freight or passenger train within Baltimore City, in 2 newspapers published in Baltimore City.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>A covered employee who has sustained an injury or partial disability may waive by written contract the rights of the covered employee under this title for any subsequent injury that is naturally and proximately caused by the previous injury or disability if the covered employee:</text>
    <level label="1">
      <text>voluntarily enters into the contract; and</text>
    </level>
    <level label="2">
      <text>executes the contract in the presence of 2 individuals who sign the contract as witnesses.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>an alternative dispute resolution system that modifies, supplements, or replaces all or part of the dispute prevention and dispute resolution processes contained in this title, and that may include but is not limited to mediation and binding arbitration;</text>
      </level>
      <level label="ii">
        <text>the use of an agreed list of health care providers of medical treatment and expertise, which may be the source of all medical and related examinations, treatment, and testimony provided under this title;</text>
      </level>
      <level label="iii">
        <text>the use of an agreed list of health care providers to conduct independent medical examinations;</text>
      </level>
      <level label="iv">
        <text>a light duty, modified job, or return to work program; and</text>
      </level>
      <level label="v">
        <text>a vocational rehabilitation or retraining program.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>All settlements and resolutions of claims under an alternative dispute resolution system shall be submitted to the Commission for approval. The Commission shall approve settlements and resolutions of claims that the Commission determines are in compliance with this title.</text>
      </level>
      <level label="ii">
        <text>All arbitration decisions under an alternative dispute resolution system shall be reviewable in the same manner and under the same procedures as a decision of a commissioner.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>This subsection does not allow an agreement that:</text>
      <level label="i">
        <text>exempts a covered employee or an employer from a duty of the covered employee or employer under this title;</text>
      </level>
      <level label="ii">
        <text>waives or limits a right or benefit of a covered employee or employer under this title, except as otherwise set forth in this subsection;</text>
      </level>
      <level label="iii">
        <text>affects the imposition of an assessment on settlements and resolutions of claims, as described in §§ 9–806 and 9–1007 of this title; or</text>
      </level>
      <level label="iv">
        <text>affects claims made under Subtitle 8 or Subtitle 10 of this title or claims made under Title 10, Subtitle 2 of this article.</text>
      </level>
    </level>
    <level label="6">
      <text>An agreement that violates paragraph (5) of this subsection is void.</text>
    </level>
    <level label="7">
      <text>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.</text>
    </level>
    <level label="8">
      <text>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.</text>
    </level>
    <level label="9">
      <text>Nothing in this subsection requires an insurer to underwrite a program established under paragraph (1) of this subsection.</text>
    </level>
  </level>
</section>
