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2017 Maryland Code
Labor and Employment
Title 9 - Workers' Compensation
Subtitle 7 - Claims Procedure, Hearings, and Appeals
§ 9-709. Claim application -- Accidental personal injury
Universal Citation: MD Lab & Emp Code § 9-709 (2017)
- (a) Filing claim -- In general; authorization for release of relevant medical information. --
- (1) 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:
- (i) a claim application form; and
- (ii) if the covered employee was attended by a physician chosen by the covered employee, the report of the physician.
- (2) (i) A claim application form filed under paragraph (1) of this subsection shall include an authorization by the claimant for the release, to the claimant's attorney, the claimant's employer, and the insurer of the claimant's employer, or an agent of the claimant's attorney, the claimant's employer, or the insurer of the claimant's employer, of medical information that is relevant to:
- 1. the member of the body that was injured, as indicated on the claim application form; and
- 2. the description of how the accidental personal injury occurred, as indicated on the claim application form.
- (ii) An authorization under subparagraph (i) of this paragraph:
- 1. includes the release of information relating to the history, findings, office and patient charts, files, examination and progress notes, and physical evidence;
- 2. is effective for 1 year from the date the claim is filed; and
- 3. does not restrict the redisclosure of medical information or written material relating to the authorization to a medical manager, health care professional, or certified rehabilitation practitioner.
- (ii) An authorization under subparagraph (i) of this paragraph:
- (1) 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:
- (b) Failure to file claim. --
- (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) Filing claim -- Ionizing radiation. -- 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) Estoppel or fraud. --
- (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.
- (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:
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