REGULATORY ACTIVITY:

• The Commission is pleased to announce that on September 10, 2019 Governor Larry Hogan appointed Morrisann Martinto the Maryland Workers’ Compensation Commission. Morrisann Martin is a graduate of Goucher College and earned her Juris Doctor from the University Of Baltimore School Of Law. After having spent 10 years in the insurance industry as an adjuster, claims supervisor, and home office examiner, her legal career has been in private practice as a partner at the firm of Downs, Ward, Bender, Hauptmann, and Herzog, P.A. (formerly Morgan Carlo Downs, P.A.) where she represented employers, insurers, uninsured employers, and self-insured employers before the Maryland Workers’ Compensation Commission and Circuit Courts. She is a member of the Maryland State Bar Association’s Negligence, Insurance, and Workers’ Compensation Section, as well as the Workers’ Compensation Section of Maryland Defense Counsel, Inc. She served numerous years on the board of MSIECA (Maryland Self-Insurers’ and Employers’ Compensation Association, Inc.), and has been a lecturer and presenter at the MWCEA annual conference.

REGULATORY ACTIVITY:

• NCCI created the Workers Compensation Coverage Verification (WCCV) service to provide the general public with access to information on workers compensation coverage in the event of a claim.

Effective Tuesday, July 30, 2019 they have made the following enhancements:

• A State drop down list added to allow users to gain access to all 32 states covered by NCCI
• Added a count of results and pagination
• Coverage date is defaulted to current date
• Filtering on employer name will be added to the search results

These changes should assist the general public in obtaining employer workers' compensation insurance coverage information.

• The Commission announces the upcoming retirement of Commissioner Cynthia S. Miraglia effective 9/1/19. Commissioner Miraglia has been serving on the Commission since January 1999. In addition to being a regular speaker at conferences and events, she served for several years as the Chair of the Commission’s Medical Fee Guide Committee guiding a major revision to a Medicare based reimbursement system. Commissioner Miraglia is a past president of the Women’s Bar Association of Maryland, a former board member of the Maryland Chapter of the National Association of Women Law Judges and the University of Baltimore Alumni Association. In 2009, Commissioner Miraglia was the recipient of the Rita C. Davidson award by the Women’s Bar Association of Maryland.

LEGISLATIVE ACTIONS:

• Senate Bill 646

This bill eases the eligibility criteria for a firefighter, firefighting instructor, rescue squad member, or advanced life support unit member to qualify for a cancer or leukemia disease presumption under workers’ compensation law. The bill applies prospectively and may not be interpreted to have any effect on or application to any claim filed before its October 1, 2019 effective date.  Effective Date October 1, 2019.

FEE SCHEDULE NEWS:

• The state has reposted changes to the Medical Fee Schedule retroactive to January 1, 2019.

REGULATORY ACTIVITY:

• Posted notice of adoption of rules regarding Judicial Review Procedures in the July 5 publication of the states register. On June 13, 2019, the Workers’ Compensation Commission adopted amendments to Regulation .01 under COMAR 14.09.11 Judicial Review Procedures. This action, which was proposed for adoption in 46:6 Md. R. 352—353 (March 15, 2019), has been adopted with the non-substantive changes shown below. Effective Date: July 15, 2019.

  .01 Petition for Judicial Review.

  A.—B. (text unchanged)

  C. (proposed text unchanged)

  [[D. An employer seeking judicial review of a decision of the Commission pursuant to Labor and Employment Article, §9-409, Annotated Code of Maryland, shall serve a copy of the petition for judicial review on the Assistant Attorney General assigned to represent the Commission at the Commission’s principal office in Baltimore City. The judicial review shall be on the record of the Commission in accordance with Maryland Rule 7-206.1(b).]]

To view the notice and rule go to http://www.dsd.state.md.us/MDR/4614/Assembled.htm#_Toc12874261.

• Changes to the MDWCC Cost of Living Adjustment listing for calendar year 2020 are available at http://www.wcc.state.md.us/Adjud_Claims/Comp_Rates.html. The COLA increase is 2.0%.

LEGISLATIVE ACTIONS:

• House Bill 795

Requiring a covered employee, under certain circumstances, to provide the employer, the employer's insurer, or the Uninsured Employer's Fund certain notification at least 30 business days before undergoing medical treatment; requiring that medical treatment sought by the covered.

FEE SCHEDULE NEWS:

• The state has reposted changes to the Medical Fee Schedule retroactive to January 1, 2019.

REGULATORY ACTIVITY:

• Posted Notice of final action regarding petition for judicial review procedures. 
• On May 9, 2019, the Workers’ Compensation Commission adopted amendments to Regulation .01 under COMAR 14.09.11 Judicial Review Procedures.

REGULATORY ACTIVITY:

• Effective June 1, 2019 - Ambulatory Surgical Center Implants: When submitting the Claim for Medical Services (C-51), the surgeon in the operative note, in addition to including into the body of the operative report the number and type of implants used, should also include the number of implants and type of implants at the end of the operative note in a separate paragraph.
• Published notice of revised form – Authorization for Disclosure of Health Information (A-25R Revised 05/2019).  This form is revised and available as a fillable PDF form on our Forms and Instructions page.  The form has been revised to follow the medical authorization of the C-1 Employee Claim Form.  Please begin using the new form immediately.   The Commission does not accept form filing via email/attachment or fax. To view this notice, go to http://www.wcc.state.md.us/Adjud_Claims/Notices_and_Announcements/May_2019_Notices.htmlTo view the form, go to https://www.wcc.state.md.us/Adjud_Claims/Forms.html#subpoena.
• New content added to Online Services eNotice for Attorney: Notices of Insurance Correction and Claim Withdrawn are added to our eNotice service for Online Services subscribed Attorneys.

LEGISLATIVE ACTIONS:

• House Bill 595

The legislation is enacted for the purpose of altering the types of cancer that are considered occupational diseases suffered in the line of duty and are compensable in a certain manner; and generally relating  to  the  occupational  disease  presumption  for  cancers  under  the  workers’   compensation law. Effective Date October 1, 2019.

• House Bill 604; Senate Bill 646

The enacted legislation alters the  circumstances  under  which  certain  firefighters,  firefighting  instructors,  rescue  squad  members,  advanced  life  support  unit  members, and  sworn  members  of  the  Office  of  the  State  Fire  Marshal  are  presumed  to  be suffering from an occupational disease that was suffered in the line of duty and is compensable  under  the  workers’  compensation  law. It makes stylistic changes and provides for the application of this Act.  The enacted legislation generally relates to the occupational disease presumptions under the workers’ compensation law. Effective Date October 1, 2019.

• Senate Bill 62

The enacted legislation requires the Director of the Uninsured Employers’ Fund to report to certain committees of the General Assembly on or before a certain date.  The legislation also generally relates to the Uninsured Employers’ Fund. Effective Date July 1, 2019.

REGULATORY ACTIVITY:

• Maryland posted notice of final action regarding Subtitle 09 WORKERS’ COMPENSATION COMMISSION. Notice of Final Action: [19-025-F] : On March 14, 2019, the Workers’ Compensation Commission adopted amendments to: (1) Regulation .04 under COMAR 14.09.02 Requirements for Filing and Amending Claims; (2) Regulation .02 under COMAR 14.09.03 Hearing Procedures; (3) Regulation .03 under COMAR 14.09.04 Legal Representation and Fees; and (4) The chapter heading COMAR 14.09.07 Vocational Rehabilitation. This action, which was proposed for adoption in 46:2 Md. R. 79—80 (January 18, 2019), has been adopted as proposed.  Effective Date: April 8, 2019. R. KARL AUMANN Chairman Workers’ Compensation Commission.  To view the notice, go to http://www.dsd.state.md.us/MDR/4607/Assembled.htm#_Toc4493874

LEGISLATIVE ACTIONS:

• House Bill 60

The enacted legislation is administrative in nature. The Maryland Department of Labor is the successor of DLLR; previous names and titles have the same meaning as the new names and titles in all laws, executive orders, rules, regulations, policies, or documents created by a State official, employee, or unit. The bill does not affect (1) the terms of office of members of any board, commission, office, department, agency, or other unit; (2) the status of any transaction or employment entered into or existing before the bill’s effective date; (3) any right, duty, or interest flowing from a statute amended by the bill; or (4) the continuity of any board, commission, office, department, agency, or other unit and related matters. Letterhead, business cards, and other documents bearing the new name may not be used until the materials bearing the previous name have been used. The publisher of the Annotated Code of Maryland must change cross references and terminology throughout the code. Effective Date July 1, 2019.

REGULATORY ACTIVITY:

• The Workers’ Compensation Commission proposes to amend Regulation .01 under COMAR 14.09.11 Judicial Review Procedures. This action was considered at a public meeting held on February 7, 2019, notice of which was given by publication in 46:3 Md. R. 164 (February 1, 2019), pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland. The purpose of this action is to ensure the Commission receives notice of proceedings in which it has a vested interest.  To view this notice, go to http://www.dsd.state.md.us/MDR/4606/Assembled.htm.
• New Form – Subpoena Duces Tecum and Request for WCC Transcript.  This form is to be used ONLY by a third party requesting a transcript when there is action pending.  This form of Subpoena is NOT to be used to subpoena any other documents and is NOT to be used for any other transcript requests.  The new form is available in fillable PDF form on our Forms and Instructions page.   The completed subpoena must be stamped by the Commission using the current policies and procedures for requesting a subpoena from the Commission.  A separate subpoena must be used for each claim number when multiple claim transcripts are being requested.  When submitting the subpoena, the original plus one copy must be brought to the Commission for stamping and Commission processing.   As a reminder, the Commission does not accept subpoena or any other form filing via email/attachment or fax.  Please begin using the new form immediately.  To view this notice, go to http://www.wcc.state.md.us/Adjud_Claims/Notices_and_Announcements/March_2019_Notices.html.  To view the form, go to http://www.wcc.state.md.us/Adjud_Claims/Forms.html#subpoena.

REGULATORY ACTIVITY:

• Effective January 1, 2019, the 2019 mileage reimbursement rate increases to $0.58 per mile.
• Attorneys are required, pursuant to COMAR 14.09.01.09, to keep their contact information current with the Commission. Online Services subscribed Attorneys will maintain or update their contact information via their User Profile page. If an attorney is changing law firms, he or she must contact the Commission at 410-864-5280.

REGULATORY ACTIVITY:

• The 2019 calendar for the Maryland workers' compensation commission maximum rate of benefits is posted. To view the document, go to http://www.wcc.state.md.us/Adjud_Claims/Comp_Rates.html. In accordance with Section 9-604 of the Labor and Employment Article, which authorizes the computation of Awards to the next highest dollar when the standard computation formula results in an uneven amount, the following are maximum benefits for death and disability for injuries occurring on and after January 1, 2019.
  • Temporary total disability: Two-thirds of the employee’s Average Weekly Wage not to exceed 100% of the State Average Weekly Wage or $1,116.00.
  • Permanent total disability: Two-thirds of the employee’s Average Weekly Wage not to exceed 100% of the State Average Weekly Wage or $1,116.00.
  • Permanent partial disability: For awards for a period less than 75 weeks for events occurring on or after January 1, 2000 but before January 1, 2009, compensation is to be paid at the rate of thirty-three and one-third per centum of the employee’s Average Weekly Wage, not to exceed $114.00.
  • The minor disability category does not apply to certain public safety employees. See LE 9-628(a).
• Posted notice of appointment of two new Commissioners, Allan Kittleman and Howard Metz to the Commission. Allan H. Kittleman, Commissioner - On November 28, 2018 Governor Larry Hogan announced the appointment of Allan H. Kittleman to the Maryland Workers’ Compensation Commission. Commissioner Kittleman graduated with honors from the University of Maryland School of Law with a J.D. in 1988. He received his bachelor's degree in political science from the University of Maryland, Baltimore County in 1981. After receiving his J.D. degree, he joined Smith, Somerville & Case. In 1991, he joined Herwig & Humphreys where he became a partner. Subsequently, he became “of counsel” at Godwin, Erlandson, Vernon and Daney. Throughout his 25 years in legal practice, Commissioner Kittleman concentrated his practice in the defense of workers’ compensation claims in Maryland and the District of Columbia. Commissioner Kittleman also previously served on the Howard County Council (1998-2004), in the Maryland State Senate (2004-2014) and as the Howard County Executive (2014-2018). Howard L. Metz, Commissioner - On November 28, 2018 Governor Larry Hogan announced the appointment of Howard L. Metz to the Maryland Workers’ Compensation Commission. Commissioner Metz graduated from the State University of New Jersey School of Law in 1985. He received his bachelor's degree from The American University in 1982. Mr. Metz has over 30 years of experience in workers’ compensation and as a litigation attorney representing clients in trials before the Maryland Circuit and District Courts and U.S. District Court including courts in Pennsylvania and New Jersey. He has briefed and argued cases before the Maryland Court of Appeals, Court of Special Appeals and U.S. Court of Appeals for the Fourth Circuit. In addition to practicing before the Maryland Workers' Compensation Commission, Mr. Metz has appeared before the Social Security Administration and other State and Federal Agencies. He has been a court appointed mediator for the Circuit Court for Frederick County since 2000 and for the Circuit Court for Washington County since 2008. He frequently lectures and is a continuing legal education instruction in the areas of Workers’ Compensation law and mediation practice.
• Posted new materials to the Medical Fee Guide Information page for calendar year 2019. To view the newly posted material, go to http://www.wcc.state.md.us/MFG/Medical_Fee_Schedule.html.  The posted material include Maryland Specific Conversion Factor (MSCF)/Percentage Multiplier Information Medical Services and Treatment Reimbursement Rates, Ambulatory Surgery Centers Reimbursement Rates, Anesthesiology Base Units and Calculation, Orthopedic/Neurological Surgical CPT Codes and CPT Codes not valued by CMS.

REGULATORY ACTIVITY:

• Online Services subscribers: our new PDF Document Viewer is now implemented.  Helpful web browser info is located on the WFMS Online Services Help & Support page. For additional information, go to http://www.wcc.state.md.us/WFMS/WFMS_Updates.html#PDF_Viewer.