Maryland Labor and Employment Section 9-711

      (a)      If a covered employee suffers a disablement or death as a result of an occupational disease, the covered employee or the dependents of the covered employee shall file a claim with the Commission within 2 years, or in the case of pulmonary dust disease within 3 years, after the date:

            (1)      of disablement or death; or

            (2)      when the covered employee or the dependents of the covered employee first had actual knowledge that the disablement was caused by the employment.

      (b)      Unless waived under subsection (c) of this section, failure to file a claim in accordance with subsection (a) of this section bars a claim under this title.

      (c)      The defense of failure to file a claim in accordance with subsection (a) of this section is waived if the employer or its insurer:

            (1)      fails to raise the defense of the failure to file the claim at a hearing on the claim before the Commission makes any award or decision;

            (2)      pays compensation for the disability or death resulting from the occupational disease; or

            (3)      by its affirmative conduct leads the covered employee or other claimant to reasonably believe that the requirement of filing a claim has been waived.