# COMAR Title 14 — Independent Agencies

## Subtitle 09 — Workers' Compensation Commission

### Chapter 11 — Judicial Review Procedures

**Authority:** Labor and Employment Article, §§9-309, 9-701, 9-731(c) and (d), 9-737, 9-739, and 9-742, Annotated Code of Maryland

**Administrative History:** Effective date: March 3, 2014 (41:4 Md. R. 305)

**Administrative History:** Regulation .01A amended effective August 3, 2015 (42:15 Md. R. 1016)

**Administrative History:** Regulation .01C amended effective July 15, 2019 (46:14 Md. R. 622)

**Administrative History:** Regulation .02B amended effective October 18, 2021 (48:21 Md. R. 890)

**Administrative History:** Regulation .03B amended effective August 3, 2015 (42:15 Md. R. 1016)

**Administrative History:** Regulation .03C amended effective October 18, 2021 (48:21 Md. R. 890)

**Administrative History:** Regulation .03D adopted effective August 3, 2015 (42:15 Md. R. 1016)

**Administrative History:** Regulation .04C amended effective October 18, 2021 (48:21 Md. R. 890)

**Administrative History:** Regulation .04D adopted effective August 3, 2015 (42:15 Md. R. 1016)

**Administrative History:** Regulation .05 amended effective August 3, 2015 (42:15 Md. R. 1016)

#### Regulation .01 Petition for Judicial Review.

*COMAR 14.09.11.01*

A. A party seeking judicial review of a decision of the Commission shall file a petition for judicial review in the circuit court within 30 days after the date the Commission’s order was mailed in accordance with Labor and Employment Article, §9-737, Annotated Code of Maryland, and the Maryland Rules, 7-201, et seq.

B. A party filing a petition for judicial review shall serve a copy of the petition on the Commission in accordance with Labor and Employment Article, §9-737, Annotated Code of Maryland, and Maryland Rule 7-202(d).

C. A party seeking judicial review of a decision granting or denying attorney’s fees shall serve a copy of the petition for judicial review on the Assistant Attorney General assigned to represent the Commission at the Commission’s principal office in Baltimore City. The judicial review shall be on the record of the Commission in accordance with Maryland Rule 7-206.1(b).

#### Regulation .02 Transcript of Proceedings.

*COMAR 14.09.11.02*

A. Unless the parties agree that a transcript is not necessary for review, or the court so orders, the first petitioner shall request and pay for a copy of the transcript of the proceedings before the Commission in accordance with Maryland Rule 7-206.

B. The first petitioner shall file a written request that the transcript be prepared containing:

  (1) The Commission case number;

  (2) The date and place of the Commission hearing;

  (3) The circuit court case number if known;

  (4) The name of the first petitioner; and

  (5) An acknowledgement that the first petitioner shall pay the cost of transcription.

C. Upon receipt of the request, the court reporter who recorded the hearing shall advise the first petitioner in writing of the estimated cost of the transcript.

D. The first petitioner shall pay the cost of the transcription.

#### Regulation .03 Circuit Court Proceedings.

*COMAR 14.09.11.03*

A. Following the disposition of a petition for judicial review by trial or motion, the prevailing party shall notify the Commission of the circuit court disposition within 30 days after disposition.

B. A Cover Sheet for Action on Claims on Appeal shall be used to notify the Commission of the circuit court disposition and shall be accompanied by a copy of the verdict or signed order and memorandum, if any.

C. If a hearing is required, the prevailing party shall file an issues form with the cover sheet.

D. If a party appeals the circuit court disposition, the party shall notify the Commission using a Cover Sheet for Action on Claims on Appeal accompanied by a copy of the notice of appeal.

#### Regulation .04 Appellate Proceedings.

*COMAR 14.09.11.04*

A. Following the disposition of a case on appeal to the appellate courts, the prevailing party shall notify the Commission of the appellate court disposition.

B. A Cover Sheet for Action on Claims on Appeal shall be used to notify the Commission of the appellate court disposition and shall be accompanied by:

  (1) The appellate court opinion and order; and

  (2) The appellate court mandate.

C. If a hearing is required, the prevailing party shall file an issues form with the cover sheet.

D. If a party appeals the appellate court disposition, the party shall notify the Commission using a Cover Sheet for Action on Claims on Appeal accompanied by a copy of the notice of appeal or petition for writ of certiorari.

#### Regulation .05 Supplemental Order Subject to Review on the Pending Appeal.

*COMAR 14.09.11.05*

A. If the Commission exercises its continuing jurisdiction under Labor and Employment Article, §9-742, Annotated Code of Maryland, to pass a supplemental order deciding an issue, the first petitioner/appellant shall file within 5 days of entry of the supplemental order:

  (1) A copy of the supplemental order with the circuit or appellate court in which judicial review/appeal is pending; and

  (2) A written certification with the Commission that the first petitioner/appellant has filed the copy of the supplemental order with the circuit or appellate court.

B. The written certification shall contain:

  (1) The workers' compensation claim number;

  (2) The claimant’s name;

  (3) The caption of the case on appeal including the parties, the name of the court, and case number;

  (4) A description of the supplemental order filed; and

  (5) The date and manner of the filing.

C. Any transcript of the proceeding that is required for inclusion in the record shall be requested by and paid for by the first petitioner or appellant.

D. The petitioner/appellant shall file the written request for any transcript required for inclusion in the record when the written certification is filed with the Commission.