Md. Code Regs. 14.09.02.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.09.02.03 - Adding or Impleading a Party

A. A party may amend a claim to add another party by filing a request to implead a party form.

B. A party may amend a claim to add an employer, a statutory employer, an insurance carrier, the Subsequent Injury Fund or the Uninsured Employers' Fund.

C. Impleading the Subsequent Injury Fund.

(1) A party impleading the Subsequent Injury Fund more than 30 days before a scheduled hearing date shall file a request to implead a party form and shall serve the SIF with a copy of the form.

(2) A party impleading the SIF within 30 days of a scheduled hearing date shall:

(a) File a request to implead a party form;

(b) Serve the SIF with a copy of the form; and

(c) File with the form a declaration setting forth the moving party's prima facie case for alleging the involvement of the SIF, including, but not limited to, identification of the evidence the party intends to rely on to prove the liability of the SIF.

(3) Within 10 days of filing the request to implead a party form, and any other required documents, the impleading party shall provide the following to the SIF and all other parties to the claim:

(a) All prior awards or settlements, identified by claim number if available, to the claimant for permanent disability made or approved by the Commission, or by a comparable Commission of another state, or the District of Columbia;

(b) All relevant medical evidence relied on to implead the SIF; and

(c) A certification providing that a copy of the request to implead a party form, along with all required information and documents, have been served on the SIF and all other parties to the claim.

(4) A party who fails to comply with this regulation or causes unreasonable delay without good cause is subject to an assessment of costs and reasonable attorney fees under Labor and Employment Article, § 9-734, Annotated Code of Maryland.

Md. Code Regs. 14.09.02.03

Regulation .03 amended effective 45:5 Md. R. 287, eff. 3/12/2018; amended effective 48:20 Md. R. 890, eff. 10/18/2021