March 2004 NOTICES

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The Workers' Compensation Commission held an open meeting to take final action on new regulations:

COMAR 14.09.10 (Individual Employer Self-Insurer) on March 11, 2004. The new regulations were adopted and will be published in the April 2, 2004 issue of The Maryland Register. The regulations become effective April 12, 2004.

COMAR 14.09.01 (Procedural Regulations) to repeal Regulation .06 on March 11, 2004.  The proposed repeal was adopted and will be published in the April 2, 2004 issue of the Maryland Register.  The repeal becomes effective April 11, 2004.
SEE: Adjudication/Claims > Regulatory Changes

EXPLANATION OF 14.09.01.13 (.13 Subsequent Injury Fund-REQUEST FOR IMPLEADER)

On  March 15, 2004, Commission rules will prohibit the practice of orally impleading the SIF on or near the date of a scheduled hearing.  The new rule requires that the SIF be impleaded in writing, with a specific requirement that the impleading party identify the evidence which supports the claim that the SIF may be liable.

The new rule does not require that attorneys produce voluminous medical records when fulfilling this requirement and the Commission strongly discourages such a practice. The Commission carefully chose the word 'identify the evidence' when drafting the new rule to convey its desire that the impleading party critically assess the potential SIF liability in the case at the time of filing and be capable of reciting in a brief and concise manner why the SIF should be a party to the proceeding.

Click here for more details, the COMAR text and hypothetical examples demonstrating the proper identifications of evidence in Adobe Reader PDF