Chapter 05. Uninsured Employers' Fund Claims
Regulation .01 Notification and Response of Uninsured Employer and Claimant.LinkCopy Citation
A.
If a workers’ compensation claim is received by the Commission and the Commission’s records indicate that the employer is uninsured, the Commission shall notify the employer of the claim by sending the employer:
(1)
A notice of the claim form;
(2)
An uninsured employer's questionnaire; and
(3)
A request for verification of the employer's workers' compensation insurance policy.
B.
The Commission shall send a copy of the notice of the claim form to all parties of record.
C.
Within 21 days of the date the notice of the claim form was sent by the Commission:
(1)
The uninsured employer shall:
(a)
Begin paying temporary total benefits; or
(b)
File a response to employee’s claim form, if the employer contests the claim; and
(2)
File one of the following:
(a)
The signed and completed uninsured employer's questionnaire; or
(b)
The verification of the employer's workers' compensation insurance policy, if applicable.
D.
Within 21 days of the date the Commission sends the notice of the claim form to the parties of record, the claimant shall complete and file the claimant’s questionnaire in accordance with COMAR 14.09.02.
Regulation .02 Review of Claim Contested by Uninsured Employer.LinkCopy Citation
A.
The Commission shall set a hearing to review any claim contested by an uninsured employer pursuant to Regulation .01C of this chapter.
B.
Upon completion of the hearing the Commission shall:
(1)
Dismiss the claim; or
(2)
Issue an award requiring that the appropriate compensation be paid by the uninsured employer to the claimant.
Regulation .03 Review of Uncontested Claims.LinkCopy Citation
If an uninsured employer does not contest the claim by filing the response to employee’s claim form within 21 days after the Commission served the notice of the claim form to the employer, the Commission may:
A.
Review the claim for legal sufficiency; and
B.
Either:
(1)
Dismiss the claim; or
(2)
Issue an automatic award finding the claim compensable.
Regulation .04 Notification and Payment of the Award.LinkCopy Citation
The uninsured employer shall pay an award issued under Regulation .02 or .03 of this chapter within 30 days of the date the Commission serves notice of the award to the parties in accordance with Labor and Employment Article, §9-1002, Annotated Code of Maryland.
Regulation .05 Request for Payment by the Fund.LinkCopy Citation
A.
If the uninsured employer fails to pay an award and does not file for review of the award, the claimant may:
(1)
Send a request for payment, and a copy of claimant's questionnaire to the UEF; and
(2)
Contemporaneously file a copy of the request for payment and the claimant's questionnaire with the Commission.
B.
No action will be taken against an employer or the UEF if the request for payment and the claimant's questionnaire are not filed with the Commission.
Regulation .06 Response of UEF and Impleader of Other Employer or Insurer.LinkCopy Citation
A.
Within 21 days after the date claimant filed a copy of the request for payment and claimant's questionnaire, the UEF shall respond by:
(1)
Paying the award; or
(2)
Filing issues.
B.
If the UEF raises issues of statutory employment, or the existence of another employer or insurer, the UEF shall implead the employer and the insurer, if known.
Regulation .07 Notification and Response of Impleaded Employer or Insurer.LinkCopy Citation
A.
If the UEF impleads an employer or insurer the Commission shall serve the impleaded party a copy of the notice of the claim form.
B.
The impleaded party shall respond within 21 days after the date of the notice referred to in §A of this regulation, by:
(1)
Paying the award; or
(2)
Filing issues.
Regulation .08 Review of Disputed Claim.LinkCopy Citation
A.
If the UEF or an impleaded party disputes a claim under Regulation .06 or .07 of this chapter, the Commission shall set a hearing to review the claims of all parties on all issues.
B.
Upon completion of the hearing, the Commission shall:
(1)
Dismiss the claim; or
(2)
Issue an award.
Chapter annotations
Authority: Labor and Employment Article, §§9-309, 9-6A-04, 9-6A-07, and 9-1002, Annotated Code of Maryland
History: Effective date: June 11, 2001 (28:11 Md. R. 1053)
History: Chapter revised and recodified from COMAR 14.09.07, Uninsured Employer's Fund Claims, to COMAR 14.09.05, Uninsured Employer's Fund Claims, effective March 3, 2014 (41:4 Md. R. 305)
History: Regulation .01 amended effective October 18, 2021 (48:21 Md. R. 890)
History: Regulation .03 amended effective October 18, 2021 (48:21 Md. R. 890)
History: Regulation .07A amended effective October 18, 2021 (48:21 Md. R. 890)