REGULATORY ACTIVITY:

• The 2018 MDWCC Prescription Drug study will be available September 4 - October 3, 2018.  Information for completing the online survey is posted to the 2018 Rx Survey page. To view the survey, go to http://www.wcc.state.md.us/Gen_Info/Rx_study_2018.html.
• The 2018 Maryland Workers' Compensation Educational Association (MWCEA) Conference is scheduled for September 23 - 26, 2018. More information is available on their web page http://www.mwcea.com/conference.htm.

FEE SCHEDULE NEWS:

• The Commission posted a revision of the 2018 ASC Reimbursement Rates dated 7/2/18. The revised document only makes changes to the column names. All rates remain unchanged for 2018.  To view the revised document, go to   http://www.wcc.state.md.us/MFG/Medical_Fee_Schedule.html.

REGULATORY ACTIVITY:

• James R. Forrester was appointed a member of the Maryland Workers’ Compensation Commission in 2018 by Governor Lawrence J. Hogan, Jr. He is a graduate of Randolph-Macon College and the University of Baltimore’s Merrick School of Business and School of Law. He earned a Master of Business Administration in 1995 and a Juris Doctor in 1998, with honors. In 1999, he joined the Law Offices of Ileen M. Ticer as an Associate Claims Attorney. Thereafter, he joined Semmes Bowen & Semmes, P.C. in the firm's Workers’ Compensation and Employers’ Liability Department, having been elected a Principal in 2009. Throughout his years in legal practice, Commissioner Forrester has concentrated in the area of workers’ compensation, appearing before all levels of the judiciary in the State of Maryland. He is also licensed and practiced in the District of Columbia and served as President and Member of the Executive Board of the Baltimore Claims Association as well as the Co-Chair of the Workers’ Compensation Section of the Maryland Defense Counsel. He also serves in a leadership role with several civic organizations.
• Pursuant to L&E 9-638, the Cost of Living Adjustment (COLA) effective January 1, 2019 is 1.29%.  The updated MDWCC COLA document can be accessed at http://www.wcc.state.md.us/Adjud_Claims/Comp_Rates.html.

REGULATORY ACTIVITY:

• The Commission has posted notice that Grant/Deny Postponement Request response has been added to our eNotice service for Online Services subscribed Attorneys.  To view additional information, go to http://www.wcc.state.md.us/WFMS/eNotice.html
• We are implementing changes to our WFMS Online Services on Tuesday, June 19th to replace the current Online Services Document Viewer with a simpler and better method to view and/or save documents.  When selecting a document, you will see a single PDF Portable Document Format file) handled by your web browser like any other PDF. Depending on your browser settings it will open in the browser PDF viewer or prompt you to open/save the downloaded file. You can simply view the document, "Save As" to your PC, print directly or otherwise as you normally manage a PDF.  No matter how many pages in the document, it will be a single PDF file. Large documents in excess of 25 pages may require a few extra seconds to prepare and download.  This improvement will make it easier for you to manage electronic versions of WCC documents and should not be affected by future web browser changes or updates.  Please plan to take some extra time on Tuesday or Wednesday to acquaint yourself with the new feature. As always, please contact us via email: websupport@wcc.state.md.us with any questions or issues you may encounter.
• The Online Services PDF Viewer change scheduled for 6/19/18 has been postponed; updated information will post when a new date has been determined.

REGULATORY ACTIVITY:

• The following forms have been revised and/or updated to include Healthcare Providers and their Attorneys as parties filing issues, entering appearances, requesting continuances, etc. Fillable PDF versions of the forms are available on the Forms and Instructions page. The Commission does not accept form filing via email/attachment or fax. Please begin using the new forms immediately.
• H-12 Request for Hearing on Previously Withdrawn Issues
• H-24R Issues
• H-25R Request for Action on Filed Issues
• C-24R Request to Enter Appearance of Counsel
• C-25R Notice to Withdraw Appearance
• H-28R Request for Continuance of Hearing

LEGISLATIVE ACTIONS:

House Bill 205 and Senate Bill 48

• The enacted legislation alters the definition of “public safety employee” to include State correctional officers, thereby making these officers eligible for enhanced workers’ compensation benefits for claims arising on or the effective date. Effective Date October 1, 2018.

House Bill 1499 and Senate Bill 575

• The enacted legislation expands the authority of the Maryland Insurance Administration’s (MIA) Insurance Fraud Division to encompass investigating and taking action on fraud committed by or against a governmental self-insurance (workers’ compensation) group and employers who self-insure. The bill also expands the definition of “insurance fraud” and requires governmental self-insurance (workers’ compensation) groups and employers who self-insure or participate in a self-insurance group for workers’ compensation to report suspected insurance fraud cases, in writing, to the Insurance Fraud Division.  Information submitted to the fraud division in this manner is not subject to public inspection, except under specified circumstances. Effective Date October 1, 2018.

House Bill 1500 and Senate Bill 979

• The enacted legislation requires that, unless third-party reimbursement has been waived, a self-insured employer, insurer, or the Uninsured Employers’ Fund (UEF) be reimbursed before the Subsequent Injury Fund (SIF) when damages are recovered from a third party that is liable for the injury or death of a covered employee. The bill applies prospectively and may not be applied or interpreted to have any effect on or application to any action filed before the effective date of this legislation.  Effective Date October 1, 2018.

REGULATORY ACTIVITY:

• Updated Form – Stipulation of Parties and Award of Compensation WCC form H-34 (04/2018) has been changed. The revised form is available on our Forms and Instructions page as a fillable PDF. Please begin using the new form immediately.  To view the form, go to http://www.wcc.state.md.us/Adjud_Claims/Forms.html#settlement.
• Changes to the Online Employee Claim:  You can now check the status of your online employee claim.  A new tab is added to the "Start a Claim" and "Complete a Claim" options.  "Check Form Status" allows you to check the status of any claim started for 45 days after initiated.  If the claim submission is approved, you can also obtain the WCC Claim number in the results.

LEGISLATIVE ACTIONS:

House Bill 814 and Senate Bill 403

This bill expands to all local boards of education the authority to waive the requirement that a participating employer reimburse the local board for the cost of workers’ compensation insurance coverage provided to students placed in unpaid work-based learning experiences.  Effective Date October 1, 2018.

House Bill 1592 and Senate Bill 851

This bill requires the membership of the Maryland Jockey Injury Compensation Fund, Inc. (jockey fund) to consist of each licensed owner and trainer of a thoroughbred horse who is subject to an assessment.  When a jockey is injured or killed while live thoroughbred racing or training if the principal earnings of the jockey are based on money earned as a jockey during live racing and not as an exercise rider, the jockey fund is the employer responsible for providing workers’ compensation benefits.  Other provisions related to applications for benefits and actions against the licensed owner or trainer are repealed.  Effective Date October 1, 2018.

REGULATORY ACTIVITY:

• The Commission is in the process of replacing the televisions in the courtrooms with flat-screen televisions. We will also be replacing the DVD/VCR players with Peerless-AV PeerAir HDS300 Pro Wireless AV Multi-Display Systems. This new technology will allow the Commission to better adapt to changing technology and video formats. All media will now be played from your laptop computer. You will connect your computer to the Peerless system via either HDMI or VGA cable and the Peerless system will then display your computer on the flat-screen television for viewing. A laptop with software to play your video(s) is required for the videos to be played on the courtroom television. The Peerless system does not contain a “player;” it is simply a mechanism to transmit your computer display to the television. Files on a USB drive will need to be plugged into your computer to be played. Please make sure any files you intend to show will play correctly on your computer. HDMI and VGA cables, as well as Thunderbolt Mini Display Port DP convertors for Apple laptops, will be provided by the Commission. We are rolling out this new technology in phases and the scheduled install dates for the Peerless system by location is as follows:
  • Peerless system available (connect your laptop to the courtroom television to play videos)
  • Abingdon – January 26, 2018
  • Baltimore – February 28, 2018
  • Frederick – March 16, 2018
  • Beltsville – March 22, 2018
  • Cambridge – March 27, 2018
  • LaPlata – March 29, 2018

• Posted notice of Adoption of rules:  Subtitle 09 WORKERS' COMPENSATION COMMISSION: 09.01 General Administrative; 14.09.02 Requirements for Filing and Amending Claims; 14.09.02 Requirements for Filing and Amending Claims; 14.09.04 Legal Representation and Fees; 14.09.07 Vocational Rehabilitation Practitioners; 14.09.08 Guide of Medical and Surgical Fees; 14.09.10 Settlements and Lump Sum Payments; 14.09.12 Responsibilities of Insurers; and 14.09.13 Individual Employer Self-Insurer. The adopted rules become effective March 12, 2018. To view the notice, go to http://www.dsd.state.md.us/MDR/4505/Assembled.htm#_Toc507421397.  To review a copy of the rules as proposed, go to http://www.wcc.state.md.us/Adjud_Claims/Reg_Changes.html.
• Notice to Attorneys: Pursuant to COMAR 14.09.04.01(B), an attorney wishing to practice before the Commission SHALL register for WFMS Online Services http://www.wcc.state.md.us/WFMS/Atty_req.html in accordance with COMAR 14.09.01.09. The new Regulation is effective on March 12, 2018. All attorneys not currently registered with WFMS Online Services must register with the Commission immediately. Pursuant to COMAR 14.09.02.02 (A), claims by represented claimants SHALL be filed electronically through the WFMS. Attorneys must begin filing claims through WFMS effective March 12, 2018.  Effective immediately, new attorney registrations will no longer require a registration fee.  See the Attorney Registration page for more.
• Revised Form – Claimant’s Consent to Pay Fees and Costs (H-44 Revised 03/2018) - The form has been revised to reflect the changes to COMAR 14.09.04.02 and 14.09.04.03, which are effective March 12, 2018. A fillable PDF form is available on the website. The PDF-fillable form may be found on the Forms and Instructions page. We do not accept form filing via email/attachment or fax. Please begin using the new form immediately. To view the form, go to http://www.wcc.state.md.us/PDF/PDF_Forms/H44_fill.pdf.
• Revised Form – Request to Strike Appearance of Counsel (C-25R Revised 03/2018) - The form has been revised to reflect the changes to COMAR 14.09.04.01, which are effective as of March 12, 2018.

The revised form, Notice to Withdraw Appearance, is available for Online Services subscribers only as an online form. A fillable PDF form is available on the website for the use by of non-subscribers only. The PDF-fillable form may be found on the Forms and Instructions page. We do not accept form filing via email/attachment or fax. Please begin using the new form immediately.  To view the form, go to http://www.wcc.state.md.us/PDF/PDF_Forms/eReqStrike.pdf

• Pursuant to COMAR 14.09.04.01(B), an attorney wishing to practice before the Commission SHALL register for WFMS Online Services http://www.wcc.state.md.us/WFMS/Atty_req.html in accordance with COMAR 14.09.01.09. The new Regulation is effective on March 12, 2018. All attorneys not currently registered with WFMS Online Services must register with the Commission immediately. Pursuant to COMAR 14.09.02.02 (A), claims by represented claimants SHALL be filed electronically through the WFMS. Attorneys must begin filing claims through WFMS effective March 12, 2018.  Effective immediately, new attorney registrations will no longer require a registration fee.  To find more information, go to http://www.wcc.state.md.us/Adjud_Claims/Atty_Reg.html
• Mobile device/smartphone apps for the NCCI Online Workers' Compensation Coverage Verification Service (CVS) http://www.wcc.state.md.us/WFMS/Online_CVS.html will be unsupported effective May 2018.  Mobile users will access the site via their smartphone/tablet web browser.  You can create a shortcut to the CVS on your device's home screen. To create the short-cut: open a browser on your device, enter ewccv.com/cvs and add the shortcut to your phone’s home screen.
• The Partner’s Status As A Covered Employee Form IC-04 has been posted to the Commission website at  http://www.wcc.state.md.us/Gen_Info/ICR.html#Forms0.  Forms section. The form is to be used for a partner(s) to indicate his/her intention regarding being a covered employee pursuant to § 9-219 of the Labor and Employment Article.

REGULATORY ACTIVITY:

• In accordance with the liquidation order of the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida, in the matter of the State of Florida, realtor, v. Guarantee Insurance Company, respondent, Case No. 2017 CA 2421, dated November 27, 2017 (link), all GIC policies are cancelled effective December 27, 2017, unless otherwise terminated prior to that date. In addition, while the processing and payment of pending covered claims are being transitioned by Florida to the appropriate state guaranty associations; Florida also is currently gathering claim files and claims data to forward the information to the appropriate Guaranty Associations. For Maryland policy holders, the appropriate guaranty association is the Maryland Property & Casualty Insurance Guaranty Corporation (PCIGC) (link: http://pcigcweb.com/). Please note that while PCIGC is being added to current GIC-insured claim files as “other” in order to receive notice of hearings and for processing and payment of pending covered claims, PCIGC is NOT A PARTY and SHOULD NOT BE ADDED AS A PARTY to any GIC-related claim.

REGULATORY ACTIVITY:

• Published the calendar year 2018 benefits rate information.
• Legal practitioners:  In an effort to reduce the volume of rejected settlements at the intake stage, the Commission is requesting that attorneys carefully review all settlements and ensure that they are accurate and completed properly prior to submitting them. Common errors seen are missing signatures, incorrect insurer, wrong claim number or date of accident. Also, please be sure to answer ALL questions on the Settlement Worksheet. If you have any questions, please contact the Settlement Intake section at 410-864-5364 or email obowman@wcc.state.md.us.
• Updating courtroom Audio/Visual equipment—new requirements to play videos:  “The Commission is in the process of replacing current televisions in the courtrooms with modern flat-screen televisions. We are also began replacing the DVD/VCR players with Peerless-AV PeerAir HDS300 Pro Wireless AV Multi-Display Systems. This new technology will allow the Commission to better adapt to changing technology and video formats. All media will be played from your laptop computer. You will connect your computer to the Peerless system via either HDMI or VGA cable and the Peerless system will display your computer on the flat-screen for viewing. A laptop with software to play your video(s) is required for the videos to be played on the courtroom television. The Peerless system does not contain a “player;” it is simply transmitting your computer display to the television; for example, video files on a USB drive will be plugged into your computer to be played. Please make sure any files you intend to show will play correctly on your computer. HDMI and VGA cables, as well as Thunderbolt Mini Display Port DP convertors for Apple laptops, will be provided by the Commission. We are rolling out this new technology in phases and web notices will post as equipment is replaced in each site. As of January 26, 2018, the equipment at each site is as follows: Peerless system (connect your laptop to the courtroom television to play videos) – Abingdon; DVD/VCR (videos must be on DVD or VHS tape to play on the courtroom television) - Baltimore, Beltsville. Cambridge, Frederick, LaPlata. “
• A copy of all petitions for judicial review must be served on the Worker’s Compensation Commission, in accordance with Labor and Employment Article, § 9-737, Annotated Code of Maryland, and the Maryland Rules, 7-201, and 7-202(d) (2). For more information please visit http://www.dsd.state.md.us/comar/comarhtml/14/14.09.11.01.htm

REGULATORY ACTIVITY:

• HB1484 – Medical Benefits – Payment of Medical Services & Treatment was passed during the 2017 Legislative session and becomes law October 1, 2017. Changes to L&E § 9-660 now require a healthcare provider who provides medical services to a covered employee to submit the bill for services rendered to the Employer or Insurer within 12 months from the later of the date the treatment was provided; the claim for compensation was accepted by the Employer or Insurer; or the claim for compensation was determined by the Commission to be compensable.  In addition, the Employer or Insurer may not be required to pay a bill submitted after the time period unless the healthcare provider files an application for payment with the Commission (the C-51) within 3 years from the later of the date the treatment was provided to the covered employer; the date the claim for compensation was accepted by the Employer or Insurer; or the claim for compensation was determined by the Commission to be compensable. Under this provision, the healthcare provider should use the Commission’s C51 form to file an application for payment with the Commission after submitting the bill to the Employer or Insurer. Any questions, please contact the Commission’s Medical Office at 410-864-5320.
• Vocational Rehabilitation disputes: Parties with a dispute regarding vocational rehabilitation services only can file a Vocational Rehabilitation Dispute form (VR04) for expedited resolution. The parties must file the form electronically via the Commission’s Online Services; there is no paper version. To access the Vocational Rehabilitation Dispute form VR04, log into Online Services and choose File Forms, selecting it from the list. The VR04 cannot be used to file other issues. If an emergency hearing is needed for other issues you must file a Request for Emergency Hearing form H26R. Upon receipt of the Vocational Rehabilitation Dispute form, the Duty Commissioner shall contact the parties by telephone the next business day following submission of the form. Parties are required to provide current telephone numbers on the form and shall be available the next business day following submission of the form. If the Duty Commissioner is unable to resolve the dispute, a hearing will be scheduled within 5 business days.
• Maryland has proposed a rule regarding notice of cancellation of a workers' compensation insurance policy.

REGULATORY ACTIVITY:

• Revised Form – Request for Action on Filed Issues (H-25R 08/2017) - This form is revised and available as a fill able PDF form on our Forms and Instructions page.  It is revised to clarify required actions and items for "Set-With" and includes the option for “Healthcare Provider” as a filing Party.  ALL claims to be included in the “Set-With” must be listed in the space provided on the form and, EACH of those claims MUST have Pending Issues AND a SEPARATE“Set-With” form (H25R) filed in EACH  If the “Set-With” does not meet these requirements, a notice will be sent advising that the request is not granted because it is incomplete and not in compliance with COMAR §14.09.03.15(A)(3).  No action will be taken on the request. We do not accept form filing via email/attachment or FAX.  Please begin using the new form immediately.