Maryland Labor and Employment Section 9-709

Article - Labor and Employment

§ 9-709.

      (a)      Except as provided in subsection (c) of this section, 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:

            (1)      a claim application form; and

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

      (b)      (1)      Unless excused by the Commission under paragraph (2) of this subsection, 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.



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