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Humphreys, McLaughlin & McAleer, LLC

2011 Workers' Compensation Commission Regulatory Changes

1. COMAR 14.09.01.05 Amended, Effective May 16, 2011

Section .05 is titled "Notices of Insurance, Cancellation, Reinstatement, and Election of Coverage." In order to comply with Insurance Article §19-406, the notice requirements for cancellation of a policy of workers' compensation insurance have been amended. When the insurer is canceling the policy for nonpayment of a premium, they must provide 10 days notice and 30 days when canceling for any other reason.

2. COMAR 14.09.01.06 Amended, Effective March 21, 2011

Section .06 is titled "Requirements for Filing and Amending Claims." Subsection (A)(2) provides the grounds by which the Commission will reject a claim form for processing. Prior to this Amendment, the Employee's Average Weekly Wage was required to be included. Claim forms will no longer be rejected if this dollar amount is missing.

3. COMAR 14.09.02 Amended, Effective March 7, 2011

Section .02 is Governmental group Self-Insurance and has undergone a considerable overhaul, including adding subsections .09-.11.

14.09.02.01, while previously titled "Application" is now a "Definitions" section. "Application" is now found under the heading 14.09.02.01-1.

Sections 14.09.02.02 through 14.09.02.07 remain substantively unchanged though Section.05 was reorganized.

Section .08, previously "Request for Hearing Before the Commission", is now "Investments Authorized." This section is responsible for regulating in what manner and in what entities the Board of Trustees may invest surplus monies.

Section .09 is titled "Reporting Requirements and Corrective Action Plans" which is aimed at keeping a close eye on the status and conditions of the investments made pursuant to Section.08.

Section .10 is now "Requests for Hearing Before the Commission." Prior to this Amendment, Hearings were requested pursuant to COMAR 14.09.10.09. The requirements found now in Section

.10 are the same as what were previously found in this separate Section, they are now conveniently located among the regulations they pertain to.

Finally, Section .11 allows the Board of Trustees to appeal disagreeable decisions to the Circuit Court.

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