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<section article="gle" article_name="Labor and Employment" number="9-709" title_number="9" title_name="Workers' Compensation" subtitle_number="7" subtitle_name="Claims Procedure, Hearings, and Appeals">
  <level label="a">
    <level label="1">
      <text>Except as provided in subsection (c) of this section and § 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:</text>
      <level label="i">
        <text>a claim application form; and</text>
      </level>
      <level label="ii">
        <text>if the covered employee was attended by a physician chosen by the covered employee, the report of the physician.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>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:</text>
        <level label="1">
          <text>the member of the body that was injured, as indicated on the claim application form; and</text>
        </level>
        <level label="2">
          <text>the description of how the accidental personal injury occurred, as indicated on the claim application form.</text>
        </level>
      </level>
      <level label="ii">
        <text>An authorization under subparagraph (i) of this paragraph:</text>
        <level label="1">
          <text>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;</text>
        </level>
        <level label="2">
          <text>includes the release of information in the custody of the Commission;</text>
        </level>
        <level label="3">
          <text>is effective for 1 year from the date the claim is filed; and</text>
        </level>
        <level label="4">
          <text>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.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Unless excused by the Commission under paragraph (2) of this subsection and except as provided in § 9–504 of this title, failure to file a claim in accordance with subsection (a) of this section bars a claim under this title.</text>
    </level>
    <level label="2">
      <text>The Commission may excuse a failure to file a claim in accordance with subsection (a) of this section if the Commission finds:</text>
      <level label="i">
        <text>that the employer or its insurer has not been prejudiced by the failure to file the claim; or</text>
      </level>
      <level label="ii">
        <text>another sufficient reason.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>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:</text>
    <level label="1">
      <text>the date of disablement; or</text>
    </level>
    <level label="2">
      <text>the date when the covered employee first knew that the disablement was due to ionizing radiation.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>the date of the discovery of the fraud; or</text>
      </level>
      <level label="ii">
        <text>the date when the facts and circumstances that amount to estoppel ceased to operate.</text>
      </level>
    </level>
    <level label="2">
      <text>Failure to file a claim in accordance with paragraph (1) of this subsection bars a claim under this title.</text>
    </level>
  </level>
</section>
