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§ 9-742. Jurisdiction of Commission pending appeal

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2011

West's Annotated Code of Maryland
Labor and Employment
Title 9. Workers' Compensation (Refs & Annos)
Subtitle 7. Claims Procedure, Hearings, and Appeals (Refs & Annos)
Effective: October 1, 2011
MD Code, Labor and Employment, § 9-742
§ 9-742. Jurisdiction of Commission pending appeal
Currentness
In general
(a) The Commission retains jurisdiction pending an appeal to consider:
(1) a request for additional medical treatment and attention;
(2) a request for temporary total disability benefits, provided that the covered employee's temporary total disability benefits were granted in the order on appeal, and were terminated by the insurer or self-insurer pending adjudication or resolution of the appeal; and
(3) a request for approval of a proposed settlement of all or part of a claim.
Supplemental order
(b)(1) If the Commission finds that a covered employee needs additional medical attention pending an appeal, the Commission may pass a supplemental order requiring the employer to provide additional medical treatment and attention.
(2) If the Commission finds that a covered employee's temporary total disability benefits were terminated pending adjudication or resolution of the appeal, and that the employee was temporarily totally disabled at the time of termination, the Commission may pass a supplemental order requiring the employer to provide the employee with temporary total disability benefits.
(3) If the Commission's decision to reinstate temporary total disability benefits is reversed or modified on appeal, the insurer or self-insurer shall be entitled to an offset or credit for overpayment of the temporary total disability benefits granted in the supplemental order.
Review on pending appeal
(c) A supplemental order passed by the Commission under this section is subject to review on the pending appeal.
Appeals relating solely to penalty
(d) When an appeal that is pending relates solely to a penalty imposed by the Commission, the Commission retains jurisdiction over all matters in the case other than imposition of the penalty.
Offset or credit
(e) This section may not be construed to prevent the Commission from ordering an offset or credit against an award for temporary total or permanent partial disability benefits for any temporary total disability benefits previously paid to a covered employee, as authorized under any other provision of this title.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1997, c. 641, § 1, eff. Oct. 1, 1997; Acts 2000, c. 398, § 1, eff. Oct. 1, 2000; Acts 2011, c. 45, § 1, eff. Oct. 1, 2011; Acts 2011, c. 46, § 1, eff. Oct. 1, 2011.
Formerly Art. 101, § 56.
MD Code, Labor and Employment, § 9-742, MD LABOR & EMPLY § 9-742
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document