Chapter 01. General Administrative

“Affidavit” means a written statement the contents of which are affirmed under the penalties of perjury to be true.

“Automatic award” means the order finding the claim compensable when:

“Certified mail” means mail deposited with the United States Postal Service, postage prepaid and return receipt requested.

“Claimant” means a person filing a workers' compensation claim and includes:

“Commission” means either the Workers' Compensation Commission or its designee.

“CompHub” means the Commission’s online system designed to facilitate the filing and adjudication of workers’ compensation claims, and to provide other services related to workers’ compensation benefits.

“Consideration date” means the day by which the employer or its insurer must begin paying temporary total disability benefits, or file with the Commission any issue to contest the claim in accordance with Labor and Employment Article, §9-713, Annotated Code of Maryland.

“Contact information” means the name of a person submitting a document or of a person on whose behalf a document is being submitted, telephone numbers, personal or business addresses, email addresses, employer identification and address, or similar facts that make it possible for another to contact a person who is named in a document.

“Disputed workers' compensation claim” means a:

File.

“Final award” means the award of compensation determined by the Commission after exhaustion of all applicable appeals, regardless of whether the award is increased or decreased as a result of any appeal.

“Formal set-aside allocation” means a document reflecting a comprehensive analysis and projection of future injury-related medical needs and associated costs.

“Healthcare provider delegate” means administrative or support staff designated by a health care provider to have access to basic claim information for the purpose of obtaining settlement, claim and hearing status information.

“Individual” means a human being.

“Insurer” means:

“Insurer delegate” means administrative or support staff, designated by an insurer, to have access to all claim documents in all claims in which the insurer is a party for the purpose of filing documents and managing claims.

“Non-compromise case” means a case in which the employer/insurer has not contested liability or in which the Commission has found liability and in which the settlement compensates the claimant for anticipated future medical expenses.

“Paper” means a document filed with the Commission, whether in physical paper form or electronic form or format.

“Person” means:

“Proxy” means administrative or support staff, designated by an attorney, to have access to all claim documents in all claims in which the attorney has entered the attorney's appearance for the purpose of filing documents and managing claims.

“Role” means the functionality and type of account for which a user is authorized in CompHub and includes the following and their delegates and proxies:

“Signature” includes electronic signature pursuant to Commercial Law Article, §21-101(i), Annotated Code of Maryland.

“State average weekly wage” means the State average weekly wage in effect on the date of the accident or date of disablement.

“Subpoena” means a written order directed to a person and requiring attendance at a particular time and place to take the action specified.

“Subscriber” means an authorized user in CompHub having the access applicable to the role for which the user is authorized.

“Subsequent Injury Fund” or “SIF” means the statutorily created entity, funded by assessments on workers' compensation awards and settlements, that may be a party to a claim and which pays benefits attributable to a compensable injury to previously injured body parts.

“Undisputed workers' compensation claim” means a claim in which all issues have been:

“Uninsured Employers' Fund” or “UEF” means the statutorily created entity, funded by assessments on workers' compensation awards and settlements, that may be a party to a claim and which pays workers compensation awards made against an uninsured employer.

If a party files a form or document under power of attorney, the party shall:

Only one copy of the power of attorney need be filed with the Commission.

The Commission shall serve all notices, orders, and decisions, by:

Commission notices, awards, orders, and decisions are sent by electronic means or mailed by first-class mail on the date of issue shown on the notice, award, order, or decision.

Except as otherwise provided in these regulations, a copy of every paper, form, or document filed with the Commission by a party shall be served promptly on all other parties.

If a party is represented by an attorney, service shall be made upon the attorney unless service on the party is directed by the Commission.

Service may be made by:

Service by mail is complete upon mailing.

Service by electronic means is complete upon sending the electronic filing or service, but service is not effective if the person who filed with the Commission or the person who sent by electronic means learns that the paper did not reach the person to be served. This regulation does not make the Commission responsible for notifying a person who filed the paper with CompHub that an attempted transmission by CompHub failed. But a filer who learns that the transmission failed is responsible for making effective service.

Each paper filed that is required to be served shall be accompanied by a certificate of service, signed by the party or the party's attorney, showing the date and manner of making service on each of the other parties.

Conduct a full, fair, and impartial hearing;

Take action to avoid unnecessary delay in the disposition of the proceedings; and

Maintain order.

Administer oaths and affirmations;

Issue subpoenas for witnesses and the production of evidence;

Rule upon offers of proof and receive relevant and material evidence;

Consider and rule upon motions and requests;

Examine witnesses and call witnesses as necessary to ensure a full and complete record;

Limit repetitious testimony and reasonably limit the time for presentations;

Grant a continuance of a hearing;

Issue orders as are necessary to secure procedural simplicity and administrative fairness and to eliminate unjustifiable expense and delay;

Conduct the hearing in a manner suited to ascertain the facts and safeguard the rights of the parties to the hearing; and

Impose appropriate sanctions for the failure to abide by this chapter or any lawful order of the Commissioner.

Provide the Commission with current contact information and promptly update this information as it changes; and

Abide by the terms of the service agreement available on CompHub, applicable to the role for which the user is authorized in CompHub.

Fails to provide the Commission with current contact information;

Fails to protect the subscriber’s username and password;

Uses the system in a manner inconsistent with its stated purpose;

Permits unauthorized use of the subscriber's account; or

Violates the terms of the service agreement available on CompHub, applicable to the role for which the user is authorized in CompHub.