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PARRIS N. GLENDENING, Governor
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Ch. 173
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(4) A common carrier by railroad or an employee of the carrier may end
an agreement made under this subsection on the part of the carrier or employee by
giving the Commission at least 30 days' written notice of intention to end the
agreement.
(5) If a common carrier by railroad or an employee of the carrier gives
the Commission notice of intention to end the agreement in accordance with
paragraph (4) of this subsection, the agreement shall end on the part of the carrier or
employee on the effective date of the notice.
(c) A covered employee who has sustained an injury or partial disability may
waive by written contract the rights of the covered employee under this title for any
subsequent injury that is naturally and proximately caused by the previous injury or
disability if the covered employee:
(1) voluntarily enters into the contract; and
(2) executes the contract in the presence of 2 individuals who sign the
contract as witnesses.
(d) (1) Subject to paragraph (5) of this subsection, as part of a collective
bargaining agreement, an employer and a recognized or certified exclusive bargaining
representative of employees under the purview of the Building and Construction
Trade Council may agree to:
(i) an alternative dispute resolution system that modifies,
supplements, or replaces all or part of the dispute prevention and dispute resolution
processes contained in this title, and that may include but is not limited to mediation
and binding arbitration;
(ii) the use of an agreed list of health care providers of medical
treatment and expertise, which may be the source of all medical and related
examinations, treatment, and testimony provided under this title;
(iii) the use of an agreed list of health care providers to conduct
independent medical examinations;
(iv) a light duty, modified job, or return to work program; and
(v) a vocational rehabilitation or retraining program.
(2) (i) All settlements and resolutions of claims under an alternative
dispute resolution system shall be submitted to the Commission for approval. The
Commission shall approve settlements and resolutions of claims that the Commission
determines are in compliance with this title.
(ii) All arbitration decisions under an alternative dispute resolution
system shall be reviewable in the same manner and under the same procedures as a
decision of a commissioner.
(3) An agreement under this subsection is not valid until it has been
filed with the Commission and determined by the Commission to be in compliance
with this subsection and this title.
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- 1617 -
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