Md. Code Regs. 14.09.01.01 - Definitions
A. In this
subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Affidavit" means a written statement the
contents of which are affirmed under the penalties of perjury to be
true.
(2) "Automatic award" means
the order finding the claim compensable when:
(a) The employer or insurer files no response
to an employee's claim form by the consideration date in accordance with Labor
and Employment Article, §
9-713, Annotated
Code of Maryland;
(b) The employer
or insurer files a response that the claim does not involve lost time;
or
(c) The employer or insurer
files a response that the employer or insurer does not contest the
claim.
(3) "Certified
mail" means mail deposited with the United States Postal Service, postage
prepaid and return receipt requested.
(4) "Claimant" means a person filing a
workers' compensation claim and includes:
(a)
A covered employee;
(b) A dependent
of a deceased covered employee; or
(c) An individual authorized to act on behalf
of a dependent of a deceased covered employee.
(5) "Commission" means either the Workers'
Compensation Commission or its designee.
(6) "CompHub" means the Commission's online
system designed to facilitate the filing and adjudication of workers'
compensation claims, and to provide other services related to workers'
compensation benefits.
(7)
"Consideration date" means the day by which the employer or its insurer must
begin paying temporary total disability benefits, or file with the Commission
any issue to contest the claim in accordance with Labor and Employment Article,
§
9-713, Annotated
Code of Maryland.
(8) "Contact
information" means the name of a person submitting a document or of a person on
whose behalf a document is being submitted, telephone numbers, personal or
business addresses, email addresses, employer identification and address, or
similar facts that make it possible for another to contact a person who is
named in a document.
(9) "Disputed
workers' compensation claim" means a:
(a)
Newly filed claim from the date it is filed until the employer or insurer
commences paying the claim or until the consideration date has
expired;
(b) New claim in which
issues have been filed;
(c) Pending
claim in which one or more issues have been filed; or
(d) Claim that is pending on
appeal.
(10) File.
(a) "File" means to submit to the Commission
a written claim, motion, request, or other document for action by the
Commission.
(b) "File" does not
include a submission rejected by the Commission.
(11) "Final award" means the award of
compensation determined by the Commission after exhaustion of all applicable
appeals, regardless of whether the award is increased or decreased as a result
of any appeal.
(12) "Formal
set-aside allocation" means a document reflecting a comprehensive analysis and
projection of future injury-related medical needs and associated
costs.
(13) "Healthcare provider
delegate" means administrative or support staff designated by a health care
provider to have access to basic claim information for the purpose of obtaining
settlement, claim and hearing status information.
(14) "Individual" means a human
being.
(15) "Insurer" means:
(a) A stock corporation or mutual association
that is authorized under the Insurance Article, Annotated Code of Maryland, to
provide workers' compensation insurance in the State;
(b) The Chesapeake Employers' Insurance
Company authorized under Insurance Article, Title 24, Subtitle 3, Annotated
Code of Maryland;
(c) A
governmental self-insurance group that meets the requirements of Labor and
Employment Article, §
9-404, Annotated
Code of Maryland;
(d) A
self-insurance group of private employers that meets the requirements of
Insurance Article, §§25-301-25-308, Annotated Code of Maryland;
or
(e) An individual employer that
self-insures in accordance with Labor and Employment Article, §
9-405, Annotated
Code of Maryland.
(16)
"Insurer delegate" means administrative or support staff, designated by an
insurer, to have access to all claim documents in all claims in which the
insurer is a party for the purpose of filing documents and managing
claims.
(17) "Non-compromise case"
means a case in which the employer/insurer has not contested liability or in
which the Commission has found liability and in which the settlement
compensates the claimant for anticipated future medical expenses.
(18) "Paper" means a document filed with the
Commission, whether in physical paper form or electronic form or
format.
(19) "Person" means:
(a) An individual;
(b) A general or limited
partnership;
(c) A joint stock
company;
(d) An unincorporated
association or society;
(e) A
municipal or other corporation;
(f)
An incorporated association;
(g) A
limited liability partnership;
(h)
A limited liability company;
(i)
The State, its agencies or political subdivisions; or
(j) A governmental entity.
(20) "Proxy" means administrative
or support staff, designated by an attorney, to have access to all claim
documents in all claims in which the attorney has entered the attorney's
appearance for the purpose of filing documents and managing claims.
(21) "Role" means the functionality and type
of account for which a user is authorized in CompHub and includes the following
and their delegates and proxies:
(a)
Attorney;
(b) Claimant;
(c) Employer;
(d) Insurer;
(e) Healthcare provider or practitioner;
and
(f) Vocational rehabilitation
provider or practitioner.
(22) "Signature" includes electronic
signature pursuant to Commercial Law Article, §
21-101(i),
Annotated Code of Maryland.
(23)
"State average weekly wage" means the State average weekly wage in effect on
the date of the accident or date of disablement.
(24) "Subpoena" means a written order
directed to a person and requiring attendance at a particular time and place to
take the action specified.
(25)
"Subscriber" means an authorized user in CompHub having the access applicable
to the role for which the user is authorized.
(26) "Subsequent Injury Fund" or "SIF" means
the statutorily created entity, funded by assessments on workers' compensation
awards and settlements, that may be a party to a claim and which pays benefits
attributable to a compensable injury to previously injured body
parts.
(27) "Undisputed workers'
compensation claim" means a claim in which all issues have been:
(a) Withdrawn;
(b) Resolved by a decision of the commission
that is not appealed; or
(c)
Resolved on appeal.
(28)
"Uninsured Employers' Fund" or "UEF" means the statutorily created entity,
funded by assessments on workers' compensation awards and settlements, that may
be a party to a claim and which pays workers compensation awards made against
an uninsured employer.
Notes
Regulations.01 adopted effective October 1, 1991 (18:11 Md. R. 1187)
Regulation .01 amended effective May 28, 2001 (28:10 Md. R. 949); September 2, 2002 (29:17 Md. R. 1382)
Regulation .01B amended effective April 11, 2005 (32:7 Md. R. 683)
Regulation .01B amended as an emergency provision effective January 4, 2010 (37:3 Md. R. 173); emergency status extended at 37:15 Md. R. 997
Regulation .01B amended effective November 28, 2011 (38:24 Md. R. 1503); amended effective 45:5 Md. R. 287, eff.
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