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§ 9-726. Rehearing

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, § 9-726
§ 9-726. Rehearing
Filing of motion
(a) Within 15 days after the date of a decision by the Commission, a party may file with the Commission a written motion for a rehearing.
Content
(b) A motion filed under subsection (a) of this section shall state the grounds for the motion.
Motion not a stay
(c) A motion for rehearing does not stay:
(1) the decision of the Commission; or
(2) the right of another party to appeal from the decision.
Decision on motion
(d)(1) Even if an appeal by another party is pending, the Commission promptly shall rule on a motion for rehearing.
(2) The Commission may decide a motion for rehearing without granting a hearing on the motion.
(3) The Commission may grant a motion for rehearing only on grounds of error of law or newly discovered evidence.
Holding rehearing
(e) If the Commission grants a motion for rehearing, the Commission promptly shall hold the rehearing and pass an appropriate order, even if an appeal by another party is pending.
Effect on time for taking appeal
(f) If a party files a motion for a rehearing in accordance with subsection (a) of this section, the time within which an appeal may be taken from the decision starts on:
(1) the date on which the Commission mails notice of the denial of the motion for a rehearing; or
(2) if the Commission grants the motion for rehearing, the date on which the Commission mails notice of an order under subsection (e) of this section.
Notice of determination of motion
(g)(1) If the Commission denies a motion for a rehearing, the Commission shall send a copy of the denial by first-class mail to each party's attorney of record or, if the party is unrepresented, to the party.
(2) If the Commission grants a motion for a rehearing, the Commission shall send a copy of the order issued in accordance with subsection (e) of this section, by first-class mail to each party's attorney of record or, if the party is unrepresented, to the party.
Determination of questions on appeal
(h)(1) If a court hears an appeal from the decision before the Commission rules on a motion for a rehearing under subsection (d) of this section or passes an order under subsection (e) of this section, the court shall determine each question of fact or law, including a question that is still before the Commission.
(2) If a court hears an appeal after the Commission rules on a motion for a rehearing under subsection (d) of this section, the court shall determine each question of fact or law that arises under the original order and any later order that the Commission passes under subsection (e) of this section.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1992, c. 22, § 1; Acts 2001, c. 197, § 1, eff. Oct. 1, 2001.
Formerly Art. 101, § 56.
MD Code, Labor and Employment, § 9-726, MD LABOR & EMPLY § 9-726
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.
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