Home Table of Contents

§ 9-706. Failure to notify employer-Excuse and waiver

West's Annotated Code of MarylandLabor and Employment

West's Annotated Code of Maryland
Labor and Employment
Title 9. Workers' Compensation (Refs & Annos)
Subtitle 7. Claims Procedure, Hearings, and Appeals (Refs & Annos)
MD Code, Labor and Employment, § 9-706
§ 9-706. Failure to notify employer-Excuse and waiver
Excused by Commission
(a) The Commission shall excuse a failure to comply with the notice requirement of § 9-704 or § 9-705 of this subtitle if the Commission finds that:
(1) there was a sufficient reason for the failure to comply; or
(2) the employer or its insurer has not been prejudiced by the failure to comply.
Burden of proof
(b) The employer or its insurer has the burden of proving that it has been prejudiced by the failure to comply with the notice requirement.
Occupational disease-Waiver of defense
(c) In the case of an occupational disease, the defense of failure to comply with the notice requirement is waived unless raised at a hearing on the claim before any award or decision is made.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991.
Formerly Art. 101, §§ 26, 38.
MD Code, Labor and Employment, § 9-706, MD LABOR & EMPLY § 9-706
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document