# Labor and Employment (GLE)

## Title 9. Workers' Compensation

### Subtitle 7. Claims Procedure, Hearings, and Appeals

#### Section 9-701

Subject to this title, the Commission shall:

(1) adopt reasonable and proper regulations to govern the procedures of the Commission, which shall be as simple and brief as reasonably possible;

(2) determine the nature and the form of an application for benefits or compensation;

(3) regulate and provide for the nature and form of notices and for the service of notices;

(4) regulate and provide for the nature and extent of evidence and proof and for the method of taking and providing evidence and proof to establish a right to compensation;

(5) regulate the method of conducting an investigation or physical examination; and

(6) set the time within which an adjudication or award shall be made.

#### Section 9-702

Absent substantial evidence to the contrary, in a proceeding for the enforcement of a claim under this title, it is presumed that:

(1) the claim comes within this title;

(2) sufficient notice was given to the employer; and

(3) the employer or its insurer was not prejudiced by a failure to file a claim for an accidental personal injury within 60 days after the date of the accidental personal injury.

#### Section 9-703

Each employer shall have at all times a sufficient supply of each form that the Commission provides.

#### Section 9-704

(a) This section does not apply to a compensable hernia.

(b) If a covered employee is injured or dies due to an accidental personal injury, oral or written notice shall be given to the employer:

  (1) for injury, within 10 days after the accidental personal injury; or

  (2) for death, within 30 days after the death.

(c) If the notice given under subsection (b) of this section is in writing, the notice shall:

  (1) state the name and address of the covered employee;

  (2) state, in plain language, the time, place, nature, and cause of the accidental personal injury; and

  (3) be signed:

    (i) for injury, by the covered employee or by an individual on behalf of the covered employee; or

    (ii) for death, by at least 1 dependent of the covered employee or by an individual on behalf of the dependents of the covered employee.

(d) Unless excused by the Commission under Sec. 9-706 of this subtitle, failure to give notice bars a claim under this title.

#### Section 9-705

(a) If a covered employee is disabled or dies due to an occupational disease, written notice of the disability or death shall be given to the employer by the covered employee or someone on behalf of the covered employee:

  (1) for disability, within 1 year after the covered employee knows or has reason to believe that the covered employee has the occupational disease; or

  (2) for death, within 1 year after the death.

(b) Unless notice is waived under subsection (d) of this section or excused by the Commission under Sec. 9-706 of this subtitle, failure to give notice bars a claim under this title.

(c) The employer in whose employment the covered employee was last injuriously exposed to the conditions that cause an occupational disease is considered to have notice of the occupational disease if the employer or the responsible superintendent in charge of the work of the covered employee has actual knowledge that the covered employee:

  (1) was exposed to the conditions that cause the occupational disease; and

  (2) has the occupational disease.

(d) The notice required by subsection (a) of this section is waived if the employer or its insurer:

  (1) pays compensation for disability or death from an occupational disease; or

  (2) by its affirmative conduct leads the covered employee or other claimant to reasonably believe that the notice has been waived.

#### Section 9-706

(a) The Commission shall excuse a failure to comply with the notice requirement of Sec. 9-704 or Sec. 9-705 of this subtitle if the Commission finds that:

  (1) there was a sufficient reason for the failure to comply; or

  (2) the employer or its insurer has not been prejudiced by the failure to comply.

(b) The employer or its insurer has the burden of proving that it has been prejudiced by the failure to comply with the notice requirement.

(c) In the case of an occupational disease, the defense of failure to comply with the notice requirement is waived unless raised at a hearing on the claim before any award or decision is made.

#### Section 9-707

(a) If an accidental personal injury causes disability for more than 3 days or death, the employer shall report the accidental personal injury and the disability or death to the Commission within 10 days after receiving oral or written notice of the disability or death.

(b) On learning or receiving notice that a covered employee has been disabled due to an occupational disease, the employer promptly shall report the disability to the Commission.

(c) Each report under subsection (a) or (b) of this section shall state:

  (1) whether the accidental personal injury or occupational disease arose out of and in the course of employment;

  (2) the time, cause, and nature of the disability and the accidental personal injury or occupational disease;

  (3) the probable duration of the disability; and

  (4) any other information that the Commission may require by regulation.

(d) The Commission shall provide the Commissioner of Labor and Industry with electronic access to the data contained in the reports filed under subsections (a) and (b) of this section.

#### Section 9-708

(a) This section does not apply to:

  (1) a partner whom a partnership elects to be a covered employee under Sec. 9-219 of this title;

  (2) a sole proprietor who elects to be a covered employee under Sec. 9-227 of this title; or

  (3) an officer of a corporation who:

    (i) is a covered employee under Sec. 9-206(a) of this title; and

    (ii) is eligible but does not elect to be exempt from coverage under Sec. 9-206(b) of this title.

(b) In the case of an accidental personal injury, the claim limitation period in Sec. 9-709(b)(3) of this subtitle does not begin to run until the employer files a report with the Commission in accordance with Sec. 9-707 of this subtitle if:

  (1) the employer has been notified in accordance with Sec. 9-704 of this subtitle; or

  (2) the employer or a designated representative of the employer at the place where the accidental personal injury occurred knows about the disability or death of the covered employee.

#### Section 9-709

(a)

  (1) Except as provided in subsection (c) of this section and Sec. 9-504 of this title, if a covered employee suffers an accidental personal injury, the covered employee, within 60 days after the date of the accidental personal injury, shall file with the Commission:

    (i) a claim application form; and

    (ii) if the covered employee was attended by a physician chosen by the covered employee, the report of the physician.

  (2)

    (i) A claim application form filed under paragraph (1) of this subsection shall include an authorization by the claimant for the release, to the claimant's attorney, the Uninsured Employers' Fund, the Subsequent Injury Fund, the claimant's employer, and the insurer of the claimant's employer, or an agent of the claimant's attorney, the Uninsured Employers' Fund, the Subsequent Injury Fund, the claimant's employer, or the insurer of the claimant's employer, of medical and financial information that may be relevant to:

      (1) the member of the body that was injured, as indicated on the claim application form; and

      (2) the description of how the accidental personal injury occurred, as indicated on the claim application form.

    (ii) An authorization under subparagraph (i) of this paragraph:

      (1) includes the release of information relating to the history, findings, office and patient charts, files, examination and progress notes, physical evidence, and additional claims filed by the claimant;

      (2) includes the release of information in the custody of the Commission;

      (3) is effective for 1 year from the date the claim is filed; and

      (4) does not restrict the redisclosure of medical information or written material relating to the authorization to a medical manager, health care professional, or certified rehabilitation practitioner.

(b)

  (1) Unless excused by the Commission under paragraph (2) of this subsection and except as provided in Sec. 9-504 of this title, failure to file a claim in accordance with subsection (a) of this section bars a claim under this title.

  (2) The Commission may excuse a failure to file a claim in accordance with subsection (a) of this section if the Commission finds:

    (i) that the employer or its insurer has not been prejudiced by the failure to file the claim; or

    (ii) another sufficient reason.

  (3) Notwithstanding paragraphs (1) and (2) of this subsection, if a covered employee fails to file a claim within 2 years after the date of the accidental personal injury, the claim is completely barred.

(c) If a covered employee is disabled due to an accidental personal injury from ionizing radiation, the covered employee shall file a claim with the Commission within 2 years after:

  (1) the date of disablement; or

  (2) the date when the covered employee first knew that the disablement was due to ionizing radiation.

(d)

  (1) If it is established that a failure to file a claim in accordance with this section was caused by fraud or by facts and circumstances amounting to an estoppel, the covered employee shall file a claim with the Commission within 1 year after:

    (i) the date of the discovery of the fraud; or

    (ii) the date when the facts and circumstances that amount to estoppel ceased to operate.

  (2) Failure to file a claim in accordance with paragraph (1) of this subsection bars a claim under this title.

#### Section 9-710

(a) This section does not apply to a claim for death due to an accidental personal injury from ionizing radiation.

(b)

  (1) If a covered employee dies from an accidental personal injury, the dependents of the covered employee or an individual on their behalf shall, within 18 months after the date of death, file with the Commission:

    (i) a claim application form;

    (ii) proof of death;

    (iii) certificates of any physician who attended the covered employee; and

    (iv) any other proof that the Commission may require by regulation.

  (2)

    (i) A claim application form filed under paragraph (1) of this subsection shall include an authorization by the claimant for the release, to the claimant's attorney, the Uninsured Employers' Fund, the Subsequent Injury Fund, the covered employee's employer, and the insurer of the covered employee's employer, or an agent of the claimant's attorney, the Uninsured Employers' Fund, the Subsequent Injury Fund, the covered employee's employer, or the insurer of the covered employee's employer, of medical and financial information that may be relevant to:

      (1) the member of the body that was injured, as indicated on the claim application form; and

      (2) the description of how the accidental personal injury occurred, as indicated on the claim application form.

    (ii) An authorization under subparagraph (i) of this paragraph:

      (1) includes the release of information relating to the history, findings, office and patient charts, files, examination and progress notes, physical evidence, and additional claims filed by the claimant;

      (2) includes the release of information in the custody of the Commission;

      (3) is effective for 1 year from the date the claim is filed; and

      (4) does not restrict the redisclosure of medical information or written material relating to the authorization to a medical manager, health care professional, or certified rehabilitation practitioner.

(c)

  (1) If it is established that a failure to file a claim in accordance with this section was caused by fraud or by facts and circumstances amounting to an estoppel, the dependents of the covered employee or an individual on their behalf shall file a claim with the Commission within 1 year after:

    (i) the date of the discovery of the fraud; or

    (ii) the date when the facts and circumstances that amount to estoppel cease to operate.

  (2) Failure to file a claim in accordance with paragraph (1) of this subsection bars a claim under this title.

#### Section 9-711

(a)

  (1) If a covered employee suffers a disablement or death as a result of an occupational disease, the covered employee or the dependents of the covered employee shall file a claim application form with the Commission within 2 years, or in the case of pulmonary dust disease within 3 years, after the date:

    (i) of disablement or death; or

    (ii) when the covered employee or the dependents of the covered employee first had actual knowledge that the disablement was caused by the employment.

  (2)

    (i) A claim application form filed under paragraph (1) of this subsection shall include an authorization by the claimant for the release, to the claimant's attorney, the Uninsured Employers' Fund, the Subsequent Injury Fund, the claimant's or covered employee's employer, and the insurer of the claimant's or covered employee's employer, or an agent of the claimant's attorney, the Uninsured Employers' Fund, the Subsequent Injury Fund, the claimant's or covered employee's employer, or the insurer of the claimant's or covered employee's employer, of medical and financial information that may be relevant to:

      (1) the member of the body that was injured, as indicated on the claim application form; and

      (2) the description of how the occupational disease occurred, as indicated on the claim application form.

    (ii) An authorization under subparagraph (i) of this paragraph:

      (1) includes the release of information relating to the history, findings, office and patient charts, files, examination and progress notes, physical evidence, and additional claims filed by the claimant;

      (2) includes the release of information in the custody of the Commission;

      (3) is effective for 1 year from the date the claim is filed; and

      (4) does not restrict the redisclosure of medical information or written material relating to the authorization to a medical manager, health care professional, or certified rehabilitation practitioner.

(b) Unless waived under subsection (c) of this section, failure to file a claim in accordance with subsection (a) of this section bars a claim under this title.

(c) The defense of failure to file a claim in accordance with subsection (a) of this section is waived if the employer or its insurer:

  (1) fails to raise the defense of the failure to file the claim at a hearing on the claim before the Commission makes any award or decision;

  (2) pays compensation for the disability or death resulting from the occupational disease; or

  (3) by its affirmative conduct leads the covered employee or other claimant to reasonably believe that the requirement of filing a claim has been waived.

#### Section 9-712

(a) If the employer or its insurer directs or requests a covered employee or, in case of death, the personal representative of the covered employee to submit the claim application form to the insurer, on receipt of the claim application form the insurer immediately shall file the claim application form with the Commission.

(b) The employer or insurer may not advise the covered employee or the personal representative of the covered employee that the claim has been denied.

#### Section 9-713

(a) Except as provided in subsection (c) of this section, within 21 days of the mailing of the notice of the filing of a claim, the employer or its insurer shall:

  (1) begin paying temporary total disability benefits; or

  (2) file with the Commission any issue to contest the claim.

(b) If the Commission finds that an employer or insurer has failed, without good cause, to begin paying temporary total disability benefits or to file issues contesting a claim within 21 days of the mailing of the notice of the filing of a claim, the Commission may assess against the employer or insurer a fine not exceeding 20% of the amount of the payment.

(c) If the employer or its insurer does not begin paying benefits or file issues within 21 days under subsection (a) of this section, within 30 days of the mailing of the notice of the filing of a claim, the employer or its insurer shall:

  (1) begin paying temporary total disability benefits; or

  (2) file with the Commission any issue to contest the claim.

(d) If the Commission finds that an employer or insurer has failed, without good cause, to begin paying temporary total disability benefits or to file issues contesting a claim within 30 days of the mailing of the notice of the filing of a claim, the Commission may assess against the employer or insurer a fine not exceeding 40% of the payment.

(e) The Commission shall order the employer or insurer to pay a fine assessed under this section to the covered employee.

(f) Subject to Sec. 9-714 of this subtitle, payment by an employer or its insurer before an award does not waive the right of the employer or its insurer to contest the claim.

#### Section 9-714

(a) When the Commission receives a claim, the Commission:

  (1) may investigate the claim; and

  (2) on application of any party to the claim, shall order a hearing.

(b)

  (1) The Commission shall make or deny an award within 30 days:

    (i) after the mailing of the notice of the filing of a claim; or

    (ii) if a hearing is held, after the hearing is concluded.

  (2) The decision shall be recorded in the principal office of the Commission, and a copy of the decision shall be sent to each party's attorney of record or, if the party is unrepresented, to the party:

    (i) by first-class mail; or

    (ii) by electronic means, if the party's attorney of record consents or, if the party is unrepresented, the party consents.

#### Section 9-715

(a) The Commission may conduct an investigation in the manner that the Commission finds best to:

  (1) determine the substantial rights of each party; and

  (2) carry out justly the spirit of this title.

(b) Except as otherwise provided in this title, the Commission is not bound by:

  (1) any common law or statutory rule of evidence; or

  (2) any formal or technical rule of procedure.

#### Section 9-716

(a) In any investigation or hearing by the Commission, a person may not be excused from testifying or producing a document in accordance with an order of the Commission or its secretary on the ground that the testimony or document may:

  (1) tend to incriminate the person; or

  (2) subject the person to a forfeiture or penalty.

(b) Except as provided in subsection (c) of this section, a person may not be prosecuted, punished, or subjected to any forfeiture or penalty because of any act, transaction, matter, or thing about which the person testifies under oath or produces a document, on order of the Commission or an examiner or inspector of the Commission.

(c) A person who commits perjury is subject to prosecution or punishment.

#### Section 9-717

(a) If, without reasonable cause, a witness refuses to produce a document or to testify in accordance with an order of the Commission, the Commission may and, on request of a party to the proceeding, shall apply to a circuit court for an order to show cause.

(b) On proof by affidavit that a witness has refused to produce a document or testify in accordance with an order of the Commission, the circuit court shall pass an order, returnable within 2 to 5 days, that directs the witness to show cause why the witness should not be imprisoned.

(c)

  (1) On return of the order, the circuit court shall conduct a hearing to determine if the witness, without reasonable cause or legal excuse, refused to testify or provide a document in accordance with an order of the Commission.

  (2) The circuit court shall:

    (i) examine the witness under oath; and

    (ii) give the witness an opportunity to be heard.

  (3) If the circuit court finds that the witness, without reasonable cause or legal excuse, refused to produce a document or testify in accordance with an order of the Commission, the circuit court may have the witness immediately imprisoned until the witness:

    (i) produces the document or testifies; or

    (ii) is discharged in accordance with law.

#### Section 9-718

(a) The Commission may receive into evidence all or any part of a transcript of an investigation if the transcript was made by a stenographer appointed by the Commission and the stenographer certifies under penalties of perjury that the transcript is correct.

(b) A transcript introduced into evidence under subsection (a) of this section has the same effect as if the stenographer were present and testified to the facts certified.

(c) On request and payment of a fee in the amount set for a transcript from a circuit court, a copy of the transcript shall be provided to any party in interest.

#### Section 9-719

(a) Subject to subsection (b) of this section, a party to a proceeding before the Commission may take an oral deposition as provided by law for a civil case.

(b) A party may take a deposition under this section only to perpetuate testimony and not for discovery.

#### Section 9-720

(a) If requested by the Commission, a covered employee who is eligible for compensation under this title shall submit to a medical examination at a place and time reasonably convenient to the covered employee, in accordance with the regulations of the Commission.

(b)

  (1) If the covered employee obstructs or refuses to submit to a medical examination requested by the Commission under subsection (a) of this section, the right of the covered employee to compensation is suspended until the examination has taken place.

  (2) Compensation is not payable during or for the period of the suspension.

#### Section 9-721

(a) Except as provided in subsection (c) of this section, a physician shall evaluate a permanent impairment and report the evaluation to the Commission in accordance with the regulations of the Commission.

(b) A medical evaluation of a permanent impairment shall include information about:

  (1) atrophy;

  (2) pain;

  (3) weakness; and

  (4) loss of endurance, function, and range of motion.

(c) If a permanent impairment involves a behavioral or mental disorder, a licensed psychologist or qualified physician shall:

  (1) perform an evaluation of only the mental or behavioral portion of the permanent impairment; and

  (2) report the evaluation to the Commission in accordance with the regulations of the Commission.

#### Section 9-722

(a) Subject to approval by the Commission under subsection (c) of this section, after a claim has been filed by a covered employee or the dependents of a covered employee, the covered employee or dependents may enter into an agreement for the final compromise and settlement of any current or future claim under this title with:

  (1) the employer;

  (2) the insurer of the employer;

  (3) the Subsequent Injury Fund; or

  (4) the Uninsured Employers' Fund.

(b) The final compromise and settlement agreement shall contain the terms and conditions that the Commission considers proper.

(c) A final compromise and settlement agreement may not take effect unless it has been approved by the Commission.

(d)

  (1) When approved by the Commission, a final compromise and settlement agreement is binding on all of the parties to the agreement.

  (2) Unless the Commission orders otherwise, a final compromise and settlement agreement between a covered employee or the dependents of a covered employee and the employer or its insurer precludes the right of the covered employee or the dependents of the covered employee to proceed against the Subsequent Injury Fund on the claim.

(e) If an individual entitled to payment under a final compromise and settlement agreement dies before the individual receives the total amount payable, the balance payable is an asset of the estate of the individual.

#### Section 9-723

In a proceeding to enforce a claim of an employee, an insurer may not assert, as a defense, that the employee is not a covered employee if the insurer has accepted or is entitled to receive from the employer, alone or in conjunction with other insurance, a premium for workers' compensation insurance with respect to the employee.

#### Section 9-724

(a) In this section, "governmental agency" includes:

  (1) a county;

  (2) a county board of education;

  (3) a statutory bicounty agency; and

  (4) an incorporated municipality.

(b) Except as provided in subsection (c) of this section, a covered employee may elect to have a hearing on a claim of the covered employee held at:

  (1) a regional hearing location determined by the Commission to be convenient to all parties;

  (2) a regional hearing location that covers the county where the covered employee resided when the accidental personal injury, or compensable hernia, or last injurious exposure to the hazards of the occupational disease allegedly occurred; or

  (3) Baltimore City.

(c)

  (1) Unless the covered employee objects, if the employer is a governmental agency, the Commission shall conduct a hearing in the county in which the governmental agency is located, provided that hearings of the Commission are scheduled in that county.

  (2) If hearings are not conducted in the county in which the governmental agency is located, a hearing may be held in the regional hearing location nearest that county's government offices.

(d) A covered employee shall notify the Commission of an election under this section within 10 days after the parties are notified of the hearing.

(e) The Commission may deny an election to hold a hearing in Baltimore City, if:

  (1) the accidental personal injury, compensable hernia, or last injurious exposure to the hazards of the occupational disease allegedly occurred outside of Baltimore City;

  (2) the covered employee did not reside in Baltimore City when the accidental personal injury, compensable hernia, or last injurious exposure to the hazards of the occupational disease allegedly occurred; and

  (3) the Commission finds that holding the hearing in Baltimore City would inconvenience a party.

#### Section 9-725

The Commission shall schedule hearings to ensure that each claim under this title is heard without unreasonable delay.

#### Section 9-726

(a) Within 15 days after the date of a decision by the Commission, a party may file with the Commission a written motion for a rehearing.

(b) A motion filed under subsection (a) of this section shall state the grounds for the motion.

(c) A motion for rehearing does not stay:

  (1) the decision of the Commission; or

  (2) the right of another party to appeal from the decision.

(d)

  (1) Even if an appeal by another party is pending, the Commission promptly shall rule on a motion for rehearing.

  (2) The Commission may decide a motion for rehearing without granting a hearing on the motion.

  (3) The Commission may grant a motion for rehearing only on grounds of error of law or newly discovered evidence.

(e) If the Commission grants a motion for rehearing, the Commission promptly shall hold the rehearing and pass an appropriate order, even if an appeal by another party is pending.

(f) If a party files a motion for a rehearing in accordance with subsection (a) of this section, the time within which an appeal may be taken from the decision starts on:

  (1) the date on which the Commission mails notice of the denial of the motion for a rehearing; or

  (2) if the Commission grants the motion for rehearing, the date on which the Commission mails notice of an order under subsection (e) of this section.

(g)

  (1) If the Commission denies a motion for a rehearing, the Commission shall send a copy of the denial by first-class mail to each party's attorney of record or, if the party is unrepresented, to the party.

  (2) If the Commission grants a motion for a rehearing, the Commission shall send a copy of the order issued in accordance with subsection (e) of this section, by first-class mail to each party's attorney of record or, if the party is unrepresented, to the party.

(h)

  (1) If a court hears an appeal from the decision before the Commission rules on a motion for a rehearing under subsection (d) of this section or passes an order under subsection (e) of this section, the court shall determine each question of fact or law, including a question that is still before the Commission.

  (2) If a court hears an appeal after the Commission rules on a motion for a rehearing under subsection (d) of this section, the court shall determine each question of fact or law that arises under the original order and any later order that the Commission passes under subsection (e) of this section.

#### Section 9-727

The employer or its insurer shall begin paying compensation to the covered employee within 15 days after the later of the date:

(1) an award is made; or

(2) payment of an award is due.

#### Section 9-728

(a) If the Commission finds that an employer or its insurer has failed, without good cause, to begin paying an award within 15 days after the later of the date that the award is issued or the date that payment of the award is due, the Commission shall assess against the employer or its insurer a fine not exceeding 20% of the amount of the payment.

(b) If the Commission finds that an employer or its insurer has failed, without good cause, to begin paying an award within 30 days after the later of the date that the award is issued or the date that payment of the award is due, the Commission shall assess against the employer or its insurer a fine not exceeding 40% of the amount of the payment.

(c) The Commission shall order the employer or insurer to pay a fine assessed under this section to the covered employee.

#### Section 9-729

(a) This section does not apply to a claim involving a temporary disability.

(b) If the Commission finds that a lump-sum payment is warranted under the facts and circumstances of a claim, the Commission may order that compensation payable to a covered employee or the dependents of a covered employee be converted to a partial or total lump sum.

(c) If the Commission grants a lump-sum payment under this section in a claim involving permanent total disability or death, the Commission shall:

  (1) reduce the weekly rate of compensation until the amount of the lump sum would have been paid if it had been paid in weekly payments; and

  (2) determine in the award:

    (i) the dollar amount and the number of weeks to be paid by the employer or its insurer at the reduced weekly rate; and

    (ii) if payments are made from the Subsequent Injury Fund, the dollar amount and the number of weeks to be paid by the Subsequent Injury Fund at the reduced weekly rate.

(d) An award may not be discounted because of a lump-sum payment.

#### Section 9-730

(a) This section does not apply to compensation:

  (1) for a serious disability under Sec. 9-630 of this title; or

  (2) payable by the Subsequent Injury Fund.

(b) Subject to the consent of the Commission, an insurer or self-insurer may convert an award of compensation for permanent partial disability, minus any attorney's fees, to a lump sum if the initial award did not exceed 51 weeks.

(c) An award may not be discounted because of a lump-sum payment.

#### Section 9-731

(a)

  (1) Unless approved by the Commission, a person may not charge or collect a fee for:

    (i) legal services in connection with a claim under this title;

    (ii) medical services, supplies, or treatment provided under Subtitle 6, Part IX of this title; or

    (iii) funeral expenses under Subtitle 6, Part XIII of this title.

  (2) When the Commission approves a fee, the fee is a lien on the compensation awarded.

  (3) Notwithstanding paragraph (2) of this subsection, a fee shall be paid from an award of compensation only in the manner set by the Commission.

(b)

  (1) The Commission may order that a fee payable from compensation under subsection (a) of this section be paid in a lump sum.

  (2) If the Commission grants a lump-sum payment under paragraph (1) of this subsection, the Commission shall:

    (i) reduce the weekly rate of compensation until the amount of the lump sum would have been paid if it had been paid in weekly payments; and

    (ii) state in the award the dollar amount and the number of weeks that the reduced rate shall be paid by:

      (1) the employer or its insurer; or

      (2) if payments are made from the Subsequent Injury Fund, the Subsequent Injury Fund.

(c) On application of a party, the Commission may:

  (1) hear and decide any question concerning legal services performed in connection with a claim; and

  (2) order a person who received a fee for legal services to refund to the payer any part of the fee that the Commission may find to be excessive.

(d) An order of the Commission regulating payment or refund of payment for legal services may be enforced or appealed in the same manner as a compensation award.

#### Section 9-732

Except as provided in Title 10 of the Family Law Article, before the issuance and delivery of a check or draft for any money payable under this title, the money may not be assigned, charged, or taken in attachment or execution.

#### Section 9-733

(a)

  (1) This section does not apply to a termination of temporary total disability benefits if:

    (i) the covered employee has returned to the current employment of the covered employee;

    (ii) a treating physician chosen by the covered employee has advised the covered employee that the covered employee has reached maximum improvement from the disability of the covered employee; or

    (iii) the termination is made after the termination date contained in an order of the Commission.

  (2) This section does not apply to a termination of medical benefits if:

    (i) the treatment by a physician or health care provider was not authorized by an insurer or self-insurer; or

    (ii) a treating physician or health care provider chosen by the covered employee has advised the covered employee that the covered employee has reached maximum medical improvement from the disability of the covered employee.

(b)

  (1)

    (i) Before terminating the payment of temporary total disability benefits, an insurer or self-insurer shall give the covered employee written notice of the date that the benefits are to be terminated.

    (ii) Before terminating the payment of medical benefits, an insurer or self-insurer shall give the covered employee and the covered employee's treating physician or health care provider written notice of the date that the benefits are to be terminated.

  (2) In the case of temporary total benefits, the notice shall accompany the final payment of temporary total disability benefits to the covered employee.

(c)

  (1) The notice of termination under this section shall state:

    (i) the reasons for the termination;

    (ii) that the covered employee has a right to request a hearing before the Commission on the issue of the termination; and

    (iii) the procedure and time for requesting a hearing.

  (2) In the case of medical benefits, a copy of any medical record or report relied upon by the insurer or self-insurer in making the termination shall be attached to the notice.

#### Section 9-734

If the Commission finds that a person has brought a proceeding under this title without any reasonable ground, the Commission shall assess against the person the whole cost of the proceeding, including reasonable attorney's fees.

#### Section 9-735

(a) This section applies only to a prisoner who is a covered employee under Sec. 9-221 of this title.

(b) A prisoner who is permanently partially disabled or temporarily totally disabled shall file a claim with the Commission in accordance with this subtitle.

(c)

  (1) After a prisoner has filed a claim, the Commission shall decide any issue of coverage or compensability.

  (2) Until the prisoner is discharged by pardon, parole, or expiration of sentence, the Commission may not:

    (i) hold a hearing on or determine a permanent partial disability or permanent total disability of the prisoner; or

    (ii) make an award to the prisoner.

(d)

  (1) When the prisoner is discharged from a correctional institution, the institution promptly shall notify the Commission of the discharge.

  (2) Promptly after receiving notice under paragraph (1) of this subsection, the Commission shall schedule a hearing to determine the extent of any permanent partial or permanent total disability of the prisoner as of the date of discharge.

#### Section 9-736

(a) If aggravation, diminution, or termination of disability takes place or is discovered after the rate of compensation is set or compensation is terminated, the Commission, on the application of any party in interest or on its own motion, may:

  (1) readjust for future application the rate of compensation; or

  (2) if appropriate, terminate the payments.

(b)

  (1) The Commission has continuing powers and jurisdiction over each claim under this title.

  (2) Subject to paragraph (3) of this subsection, the Commission may modify any finding or order as the Commission considers justified.

  (3) Except as provided in subsection (c) of this section, the Commission may not modify an award unless the modification is applied for within 5 years after the latter of:

    (i) the date of the accident;

    (ii) the date of disablement; or

    (iii) the last compensation payment.

(c)

  (1) If it is established that a party failed to file an application for modification of an award because of fraud or facts and circumstances amounting to an estoppel, the party shall apply for modification of an award within 1 year after:

    (i) the date of discovery of the fraud; or

    (ii) the date when the facts and circumstances amounting to an estoppel ceased to operate.

  (2) Failure to file an application for modification in accordance with paragraph (1) of this subsection bars modification under this title.

#### Section 9-737

An employer, covered employee, dependent of a covered employee, or any other interested person aggrieved by a decision of the Commission, including the Subsequent Injury Fund and the Uninsured Employers' Fund, may appeal from the decision of the Commission provided the appeal is filed within 30 days after the date of the mailing of the Commission's order by:

(1) filing a petition for judicial review in accordance with Title 7 of the Maryland Rules;

(2) attaching to or including in the petition a certificate of service verifying that on the date of the filing a copy of the petition has been sent by first-class mail to the Commission and to each other party of record; and

(3) on the date of the filing, serving copies of the petition by first-class mail on the Commission and each other party of record.

#### Section 9-738

(a) This section is not subject to the provisions set forth in Sec. 6-201 of the Courts Article.

(b) To take an appeal, a person shall file an order of appeal with the circuit court for the county where:

  (1) the covered employee resides;

  (2) the employer has its principal place of business; or

  (3) the accidental personal injury, compensable hernia, or last injurious exposure to the hazards of the occupational disease occurred.

(c) If an appeal is taken to a circuit court that does not have jurisdiction, the court shall transfer the appeal to the proper circuit court on the motion of a party.

(d) If a party to an appeal suggests in writing and under oath that the party cannot obtain a fair trial in the circuit court in which the appeal is pending, the circuit court shall transfer the appeal to another circuit court.

#### Section 9-739

(a) A certified copy of the record of the proceedings of the Commission, including any transcript of testimony, a statement of facts in place of the record, or stipulations shall be filed with the circuit court in accordance with Title 7 of the Maryland Rules.

(b) Subject to a final allocation of costs by the circuit court at the conclusion of the appeal, the cost of a certified copy of the record of the proceedings of the Commission, including a transcript of testimony, shall be paid:

  (1) if the court on its own initiative orders that a copy be filed, by the party that the court specifies in its order; or

  (2) unless the court orders otherwise, by the party that requests the copy.

#### Section 9-740

An appeal from the Commission has precedence over all other cases except criminal cases.

#### Section 9-741

An appeal is not a stay of:

(1) an order of the Commission requiring payment of compensation; or

(2) an order or supplemental order of the Commission requiring the provision of medical treatment.

#### Section 9-742

(a) The Commission retains jurisdiction pending an appeal to consider:

  (1) a request for additional medical treatment and attention;

  (2) a request for temporary total disability benefits, provided that the covered employee's temporary total disability benefits were granted in the order on appeal, and were terminated by the insurer or self-insurer pending adjudication or resolution of the appeal; and

  (3) a request for approval of a proposed settlement of all or part of a claim.

(b)

  (1) If the Commission finds that a covered employee needs additional medical attention pending an appeal, the Commission may pass a supplemental order requiring the employer to provide additional medical treatment and attention.

  (2) If the Commission finds that a covered employee's temporary total disability benefits were terminated pending adjudication or resolution of the appeal, and that the employee was temporarily totally disabled at the time of termination, the Commission may pass a supplemental order requiring the employer to provide the employee with temporary total disability benefits.

  (3) If the Commission's decision to reinstate temporary total disability benefits is reversed or modified on appeal, the insurer or self-insurer shall be entitled to an offset or credit for overpayment of the temporary total disability benefits granted in the supplemental order.

(c) A supplemental order passed by the Commission under this section is subject to review on the pending appeal.

(d) When an appeal that is pending relates solely to a penalty imposed by the Commission, the Commission retains jurisdiction over all matters in the case other than imposition of the penalty.

(e) This section may not be construed to prevent the Commission from ordering an offset or credit against an award for temporary total or permanent partial disability benefits for any temporary total disability benefits previously paid to a covered employee, as authorized under any other provision of this title.

#### Section 9-743

Unless the Subsequent Injury Fund is a party to an appeal and is represented by counsel, the court to which the appeal is taken may not make an award against the Fund.

#### Section 9-744

(a) The Attorney General is the legal adviser of the Commission.

(b) When requested by any Commissioner, the Attorney General shall represent the Commission in any proceeding.

#### Section 9-745

(a) The proceedings in an appeal shall:

  (1) be informal and summary; and

  (2) provide each party a full opportunity to be heard.

(b) In each court proceeding under this title:

  (1) the decision of the Commission is presumed to be prima facie correct; and

  (2) the party challenging the decision has the burden of proof.

(c) The court shall determine whether the Commission:

  (1) justly considered all of the facts about the accidental personal injury, occupational disease, or compensable hernia;

  (2) exceeded the powers granted to it under this title; or

  (3) misconstrued the law and facts applicable in the case decided.

(d) On a motion of any party filed with the clerk of the court in accordance with the practice in civil cases, the court shall submit to a jury any question of fact involved in the case.

(e)

  (1) If the court determines that the Commission acted within its powers and correctly construed the law and facts, the court shall confirm the decision of the Commission.

  (2) If the court determines that the Commission did not act within its powers or did not correctly construe the law and facts, the court shall reverse or modify the decision or remand the case to the Commission for further proceedings.

#### Section 9-746

Court costs and allowances for witnesses shall be paid as in other civil cases.

#### Section 9-747

The clerk of the court to which an appeal from the Commission is taken shall send promptly to the Commission a certified copy of each docket entry and judgment in the appeal.

#### Section 9-748

When, on appeal, compensation is awarded by an affirmance, modification, or reversal of an order of the Commission, the covered employee is entitled to interest on the compensation awarded at 6% a year on each installment of compensation not paid as it:

(1) becomes payable under the award of the Commission; or

(2) would have become payable if the Commission had awarded the same amount of compensation when it passed the order from which the appeal is taken.

#### Section 9-749

If a court determines that the ground for an appeal is not a reasonable ground, the court shall assess against the appellant the whole cost of appeal, including reasonable attorney's fees.

#### Section 9-750

A party may appeal from a decision of the circuit court to the Appellate Court of Maryland as provided for other civil cases.

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Md. Code Ann., Lab. & Empl. (as displayed at mgaleg.maryland.gov, October 16, 2026)