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July 2004 NOTICES


July 29ATTENTION ATTORNEYS- Insurer corrections: Note that when an insurance correction is made on a WCC claim, the insurer attorney's appearance will automatically be removed (struck) from the claim.  When an insurer attorney's appearance was entered in such claim and the same attorney will also be representing the new (corrected) insurer, that attorney must re-enter their appearance in the claim.
July 28The Cost of Living Adjustment (COLA) effective January 2005 is 2.3%.  This information and other WCC rates are posted on the MD Compensation Rates page.  Note also that there is no Mileage Reimbursement increase for FY2005.  Mileage rates are effective July 1st.
July 27Limited English Proficiency (LEP) Program -
Previously scheduled interpreter arrangements are cancelled when a hearing is continued.

An interpreter for a hearing will not be provided for a continued/rescheduled hearing unless specifically requested within the 10-day notification period specified on the rescheduled Hearing Notice.  The Commission will not otherwise authorize the use of an interpreter for a rescheduled hearing.  Email: for more information

Workers' Compensation Appeals is updated.

July 19In light of the Court's decision in the Hahn case, the Commission is taking steps to ensure compliance with the requirements of that decision.  Until a procedure is adopted, counsel in cases on appeal are strongly urged to direct the Commission to transmit the record of any supplemental hearing to the circuit or appellate court.  See Courts of Appeals in the Adjudication/Claims menu at left.
July 13Changes to Regulation .01 under COMAR 14.09.03 (Guide of Medical and Surgical Fees) were adopted and are effective September 1, 2004.  See the Medical Providers' Information Page (in the GENERAL INFORMATION menu at left) for details, the regulatory language and additional information posted today.
July 12On May 13, 2004, the Workers' Compensation Commission proposed amendments to Regulations .01-.11 under COMAR 14.09.02 (Group Self-Insurance).  This action was taken at a public meeting, notice of which was given by publication, pursuant to State Government Article 10-506, Annotated Code of Maryland.  The proposed amendments were published in the June 25, 2004 issues of the Maryland Register.   
July 8Revision to Implementation of the SIF Request for Interpleader: Rule

The Commission rule prohibiting the practice of orally impleading the SIF on or near the date of a scheduled hearing went into effect on March 15, 2004.  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.

In the first six (6) weeks during which the new rule has been in effect, the Commission has concluded that attorneys have failed, in many cases, to adequately identify the evidence necessary to make a prima facie case supporting the interpleader of the SIF.  Specifically, ratings are frequently not given, prior operations and past medical treatment are only vaguely described.

The Commission has decided that the new rule will require the attachment of medical records to the request for interpleader.  CLICK HERE to download this information and additional details: three (3) revised hypothetical examples demonstrating the proper identification of evidence.