Md. Code Regs. 14.09.03.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.09.03.02 - Filing and Withdrawing Issues

A. At the beginning of the claim, the employer or insurer may raise issues by filing the response to employee's claim form.

B. After the claim has commenced, any party may raise an issue by filing an issues form, available on the Commission website.

C. The following kinds of issues may be raised by filing an issues form:

(1) Whether the employee sustained an injury causally related to an accident that arose out of and in the course of employment;

(2) Whether the disability of the employee is causally related to the accidental injury;

(3) Whether the employee sustained a compensable hernia;

(4) Whether the employee sustained an occupational disease;

(5) Average weekly wage;

(6) Limitations;

(7) Jurisdiction;

(8) Statutory employment;

(9) Medical expenses;

(10) Vocational rehabilitation issues not requiring the expedited process of Regulation 14.09.07.12;

(11) Attorneys' fees/costs;

(12) Penalties;

(13) Whether the employee is entitled to temporary partial and temporary total disability benefits;

(14) The nature and extent of a permanent disability to specified body parts;

(15) Authorization for medical treatment; and

(16) Other issues when articulated with specificity.

D. On the issues form, the party shall state with clarity issues to be determined and shall, if relevant:

(1) Include the inclusive dates of any temporary total disability;

(2) For permanent disability, identify each part of the body affected, and any alleged psychiatric disability;

(3) Specifically plead permanent total disability;

(4) Include the specific medical treatment sought; and

(5) For any medical expenses, attach a list identifying each amount owed and to whom the amount is owed.

E. The party who has raised issues may withdraw those issues by:

(1) Filing a request for action on filed issues form; or

(2) Verbally requesting that the issues be withdrawn at the scheduled hearing.

F. A party that has filed issues and is not ready to proceed at the hearing shall withdraw the issues.

G. A party that withdraws issues may not refile the same issues for a period of 90 days.

H. A party may request an exemption from the prohibition against refiling issues within the 90-day period by filing a request for hearing on previously withdrawn issues form. Any supporting documentation shall be attached to the form.

I. If the Commission grants the request for exemption, the Commission shall:

(1) Issue a memorandum granting the request; and

(2) Schedule a hearing on the previously withdrawn issues.

J. A party who fails to comply with this regulation, or causes unreasonable delay without good cause, may be subject to an assessment of costs and reasonable attorney fees under Labor and Employment Article, § 9-734, Annotated Code of Maryland.

Md. Code Regs. 14.09.03.02

Regulation .02 adopted as an emergency provision effective August 31, 2001 (28:19 Md. R. 1681); adopted permanently effective October 29, 2001 (28:21 Md. R. 1858)
Regulations.02, Guide of Medical and Surgical Fees, recodified from COMAR 14.09.03 to COMAR 14.09.08, Guide of Medical and Surgical Fees, effective 41:4 Md. R. 304, eff.3/3/2014
Regulations .02, Hearing Procedures adopted effective 41:4 Md. R. 304, eff.3/3/2014
Regulations .02 adopted effective March 24, 2008 (35:6 Md. R. 699); amended effective 46:7 Md. R. 370, eff. 4/8/2019; amended effective 48:20 Md. R. 890, eff. 10/18/2021