REGULATORY ACTIVITY:

• Pursuant to L&E 9-638, the Cost of Living Adjustment (COLA) effective January 1, 2018 is 1.18%.
• The Workers’ Compensation Commission (Commission) is aware that the Division of Unemployment Insurance (Division) has revised its practice with respect to how it will handle subpoenas served on the Division, pre-stamped by the Commission, for unemployment insurance data. The Division will be sending responses directly to subpoena requesters and the Commission will be copied on those responses. The Commission has been briefed on the legal issues involved and the Division has advised the Commission that it is acting in accordance with binding federal and state law and regulations applicable to state unemployment insurance agencies and unemployment insurance data held by such agencies.

REGULATORY ACTIVITY:

• The Commission posted a notice on their web site for practitioners:
• Note the following requirements when filing a set-with request (Request for Action on Filed Issues H-25R):
  • Issues (form H-24R) must be pending in each case for the set-with to be applied.
  • Request a set-with only when there are issues pending in all involved claims. When there are no issues, but parties want the Commissioner informed of prior awards in a claim, the party shall provide a copy of the award to the Commissioner at the hearing as part of the exhibit.
  • Send a copy of the request to the opposing counsel in all claims.
  • Claims that are set together must be for the same claimant or a different claimant involved in the same accident (same date and time).
  • When a request to set-with is filed after a claim has been scheduled for hearing, the Commission will administratively continue the claim to reschedule a new hearing date where all the cases may be heard together.
  • When a request to set-with is filed after issues are filed in one of the claims but no hearing date has been scheduled, file a set-with request (form H-25R) in each of the claims involved. Remember, there must be pending issues in each claim to have them set together.
  • If you are requesting a continuance on cases that have been set together, remember to list each claim number on the continuance request (form H-28R).

• The Commission form Insurer's Termination of Medical Benefits C-10 is revised and all should use the new form immediately.
• Posted notice that the Commission's new online employee claim filing is not available.  To view go to: http://www.wcc.state.md.us/WFMS/C1_WebForms.html

LEGISLATIVE ACTIONS:

• House Bill 1294 Senate Bill 426
  The enacted legislation increases the cap – from $45,000 to $65,000 – on unpaid benefits that may survive to a covered employee’s dependents or spouse when the employee was receiving permanent total disability benefits and died from causes unrelated to the claim. The bill must be construed to apply only prospectively and may not be applied or interpreted to have any effect on, or application to, any claims arising before the bill’s October 1, 2017 effective date.  Effective Date October 1, 2017.

• House Bill 1476 Senate Bill 867
  As enacted the legislation modifies the misdemeanor penalty applicable to an employer who fails to report an accidental personal injury within the required timeframe.  Specifically, the bill increases the existing maximum fine that may be imposed (from $50 to $500) and limits the penalty to only apply in cases when an employer “knowingly” fails to report an injury.   Effective Date October 1, 2017.

• House Bill 1484 Senate Bill 194
  The enacted legislation generally establishes a 12-month time limit for a medical service provider that treats a covered employee under workers’ compensation to bill an employer or its insurer.  A bill must be submitted within 12 months from the later of the date (1) the medical service or treatment was provided to the covered employee; (2) the claim for compensation was accepted by the employer or the employer’s insurer; or (3) the claim for compensation was determined by the Workers’ Compensation Commission (WCC) to be compensable.  The employer or insurer may not be required to pay a bill submitted after the 12-month limit except under specified circumstances.  Effective Date October 1, 2017.

LEGISLATIVE ACTIONS:

• House Bill 1294
  The enacted legislation increases the cap – from $45,000 to $65,000 – on unpaid benefits that may survive to a covered employee’s dependents or spouse when the employee was receiving permanent total disability benefits and died from causes unrelated to the claim. The bill must be construed to apply only prospectively and may not be applied or interpreted to have any effect on, or application to, any claims arising before the bill’s October 1, 2017 effective date. Effective Date October 1, 2017.

• House Bill 1315; Senate Bill 72
  This bill expressly authorizes a workers’ compensation insurer to develop a tiered rating plan containing risk tiers that are applied to the uniform classification system that must be used for rate making.  A tiered rating plan must (1) establish discrete tiers based on defined risk attributes that are reasonably related to the insurer’s business and economic purposes and are not arbitrary, capricious, or unfairly discriminatory; (2) require each insured to be placed in the highest quality tier for which it qualifies; and (3) be filed with the Insurance Commissioner at least 30 days before it may be used.  The Commissioner must disapprove a tiered rating plan if the data produced under the plan cannot be reported in a manner consistent with the uniform classification system and statistical plan.  The bill also expressly authorizes an insurer to file a merit rating plan with the Commissioner for insureds who do not qualify for a uniform experience rating plan.  Effective Date October 1, 2017.

REGULATORY ACTIVITY:

• The Negligence, Insurance and Workers’ Compensation Section of the Maryland State Bar Association presented a program on the UEF and SIF at the MD Workers’ Compensation Commission, 3rd floor meeting space, on Monday, March 20, 2017 at 4:30 pm. The program included a panel discussion, including tips on how to present a case involving the UEF and/or SIF. The Speakers were Scott Massengill, Principal Counsel, UEF; Terrance Doyle, Assistant Attorney General, SIF. The panel included Chairman R. Karl Aumann, Commissioner Delia Turano Schadt, Commissioner Jeffrey T. Weinberg and Commissioner Patricia Adams with Moderators Mitchel M. Gordon, Esq. and Joan P. Adelman, Esq.
• A reminder to practitioners was released:  “Do not use color paper when sending/submitting documents to the Commission. This includes exhibits submitted at the hearing. Color paper does not work well with our scanning process and may render the document unreadable when converted to electronic format.”

REGULATORY ACTIVITY:

• As indicated in the Appeals Rules that were effective July 1, 2015, a transcript of the proceedings “shall be” produced for all appeals, whether on the record or de novo, in accordance with Rule 7-206 (b), paid for by the appealing party and will be made available to all parties electronically in the same manner as other Commission documents.
• Revised Forms- Settlement Worksheet (H-28R Revised 02/2017) - The revised form is available on our Forms and Instructions page. All questions must be answered.  Any incomplete or missing information will cause the Settlement Worksheet to be returned and the approval of the settlement will be delayed. Claimant’s Consent to Pay Attorney and Doctor Fees (H-44 Revised 02/2017) - The revised form is available on the Forms and Instructions page. The form has been revised to include a required attorney certification. The new form is to be used immediately.
• Maryland posted notice that proposed rules for Group Self Insurance for Workers' Compensation published on November 28, 2016 have been adopted as published on February 17, 2017.
• Reminder to Practitioners:  ‘Do not use color paper when sending/submitting paper documents to the Commission. This includes exhibits submitted at the hearing. Color paper does not work well with our scanning process and may render the document unreadable when converted to electronic format.’
• Settlement Worksheet (H-07R Revised 02/2017) - The revised form is available on the Forms and Instructions page. All questions must be answered. Any incomplete or missing information will cause the Settlement Worksheet to be returned and the approval of the settlement will be delayed. Copy of the form is attached.
• Claimant’s Consent to Pay Attorney and Doctor Fees (H-44 Revised 02/2017) - The revised form is available on the Forms and Instructions page. The form has been revised to include a required attorney certification. The form is to be used immediately.
• The Commission does not accept any form/document filing via email/attachment or FAX.

REGULATORY ACTIVITY:

• The state has posted the 2017 Mileage Reimbursement Rate, Cola and Maximum Rate of Benefits for 2017.  Mileage Reimbursement rate is $0.53.  The COLA is $0.33.
• The Maximum Rates of Benefits are:
  • Temporary Total Disability $1,052.00 per week
  • Permanent Total Disability $1,052.00
  • Permanent Partial Disability $114.00
  • Temporary Partial Disability $526.00
  • Serious Disability Benefits $789.00
  • Death Benefits $1052.00 with a benefit limit of $70,861.00.
• Pursuant to the Open Meetings Act, Annotated Code of Maryland, General Provisions Article (“GP”), § 3-302.1, the MD Workers’ Compensation Commission (the “Commission) is making available to the public an agenda containing known items of business to be discussed and information regarding any portion of the meeting expected to be closed. Agendas for the January through June 2017 meeting dates may be found on the state’s Schedules: Hearings & Meetings page. Questions may be directed to the Secretary of the Commission, Ms. Stacey L. Roig at sroig@wcc.state.md.us.
• Maryland updated their MRA values on 12/27/2017.

FEE SCHEDULE NEWS:

• The state has released new conversion factors and reimbursement rates for Medical, Anesthesia, Orthopedic and Neurological Surgical Services, and Ambulatory Surgical Centers with an effective date of January 1, 2017.  The next fee schedule update is expected in January 2018.

REGULATORY ACTIVITY:

• Maryland has revised three forms.  The revised forms are:
  • form H2BR Request for Continuance of Hearing
  • C-2 Statement of Wages
  • H33r Request to Implead a party H33R.
• A copy of the revised forms can be located at:  http://www.wcc.state.md.us/Adjud_Claims/Forms.html.
• Maryland has posted notice that its annual prescription drug survey is available. You can access the survey by going to: http://www.wcc.state.md.us/Gen_Info/Rx_study_2016.html.
• Maryland had released the indemnity benefit rates for 2017.

LEGISLATIVE ACTIONS:

• House Bill 631
  This bill expands the circumstances under which a Howard County deputy sheriff is considered a public safety employee, thereby making the deputy sheriff eligible for enhanced workers’ compensation benefits. Specifically, the bill repeals a provision that only considers a deputy sheriff a public safety employee when he or she is performing law enforcement duties expressly requested, defined, and authorized in accordance with a written memorandum of understanding executed between the Howard County Sheriff and other law enforcement agencies.    The bill must be construed to apply only prospectively and may not be applied or interpreted to have any effect on, or application to, any claims arising before the bill’s effective date.  Effective Date October 1, 2016.
• Senate Bill 505
  This bill authorizes a workers’ compensation insurer to file a rating plan that provides a premium discount of up to 4% to its insured employers if they have an alcohol- and drug-free workplace policy that includes at least one of six specified programs.  An insurer is not required to provide the premium discount if the insured employer is required by federal or State law to test its employees for drugs or otherwise maintain an alcohol- and drug-free workplace.  A workers’ compensation insurer may provide a premium discount to an insured employer for: an alcohol and drug testing program; an employee education program on alcohol and drug abuse; a supervisor education program on alcohol and drug abuse; an employee assistance program that includes referrals of employees for appropriate diagnosis, treatment, and assistance; a program requiring an employee who has caused or contributed to an accident while at work to undergo alcohol or drug testing; and any  other  program  that  the  insurer  deems  effective  to  encourage  an  alcohol- and drug-free workplace.  Effective Date October 1, 2016.