Ch. 596                                    LAWS OF MARYLAND

(h) A party may apply to the arbitration panel to modify or
correct an award as to liability, damages, or costs in accordance
with § 3-222 of this article. THE APPLICATION MAY INCLUDE A
REQUEST THAT DAMAGES BE REDUCED TO THE EXTENT THAT THE CLAIMANT
HAS BEEN OR WILL BE PAID, REIMBURSED, OR INDEMNIFIED UNDER
STATUTE, INSURANCE, OR CONTRACT FOR ALL OR PART OF THE DAMAGES
ASSESSED. THE PANEL SHALL RECEIVE EVIDENCE IN SUPPORT AND
OPPOSITION TO A REQUEST FOR REDUCTION AND, AFTER HEARING, SHALL
MODIFY THE AWARD IF SATISFIED THAT MODIFICATION IS SUPPORTED BY
THE EVIDENCE. THE AWARD MAY NOT BE MODIFIED AS TO ANY SUMS PAID
OR PAYABLE TO A CLAIMANT UNDER ANY WORKERS' COMPENSATION ACT,

CRIMINAL INJURIES COMPENSATION ACT, EMPLOYEE BENEFIT PLAN

ESTABLISHED UNDER A COLLECTIVE BARGAINING AGREEMENT BETWEEN AN
EMPLOYER AND AN EMPLOYEE OR A GROUP OF EMPLOYERS AND A GROUP OF
EMPLOYEES THAT IS SUBJECT TO THE PROVISIONS OF THE FEDERAL
EMPLOYEE RETIREMENT SECURITY ACT OF 1974, OR AS A DEATH BENEFIT
UNDER ANY LIFE INSURANCE OR SOCIAL SECURITY ACT OF THE UNITED
STATE. AN AWARD MAY NOT BE MODIFIED AS TO ANY DAMAGES ASSESSED
FOR ANY FUTURE EXPENSES, COSTS, AND LOSSES UNLESS THE PANEL FINDS
THAT PAYMENTS IN ACCORDANCE WITH THE STATUTE, INSURANCE POLICY,

OR CONTRACT ARE REASONABLY CERTAIN TO CONTINUE WITHOUT

TERMINATION UNDER CIRCUMSTANCES BEYOND CONTROL OF THE CLAIMANT,
OR THE PANEL ORDERS THE DEFENDANT OR THE DEFENDANT'S INSURER TO
PROVIDE ADEQUATE SECURITY OR, IF THE INSURER IS AUTHORIZED TO DO
BUSINESS IN THIS STATE, MAINTAIN RESERVES IN COMPLIANCE WITH
RULES OF THE INSURANCE COMMISSIONER TO ASSURE THE PAYMENT OF ALL
SUCH FUTURE DAMAGES UP TO THE AMOUNT BY WHICH THE AWARD HAS BEEN

MODIFIED IN THE EVENT OF TERMINATION. EXCEPT AS EXPRESSLY

PROVIDED BY FEDERAL STATUTE, NO PERSON MAY RECOVER FROM THE
CLAIMANT OR ASSERT A CLAIM OF SUBROGATION AGAINST A DEFENDANT FOR
ANY SUM INCLUDED IN THE MODIFICATION OF AN AWARD.

THE PANEL CHAIRMAN SHALL RECEIVE SUCH EVIDENCE IN SUPPORT
AND OPPOSITION TO A REQUEST FOR REDUCTION, INCLUDING EVIDENCE OF
THE COST TO OBTAIN SUCH PAYMENT, REIMBURSEMENT, OR INDEMNITY, TO
A REQUEST FOR REDUCTION AND,. AFTER HEARING THE EVIDENCE IN
SUPPORT AND OPPOSITION TO THE REQUEST, THE PANEL CHAIRMAN MAY
MODIFY THE AWARD IF SATISFIED THAT MODIFICATION IS SUPPORTED BY
THE EVIDENCE. THE AWARD MAY NOT BE MODIFIED AS TO ANY SUMS PAID
OR PAYABLE TO A CLAIMANT UNDER ANY WORKERS' COMPENSATION ACT,
CRIMINAL INJURIES COMPENSATION ACT, EMPLOYEE BENEFIT PLAN
ESTABLISHED UNDER A COLLECTIVE BARGAINING AGREEMENT BETWEEN AN
EMPLOYER AND AN EMPLOYEE OR A GROUP OF EMPLOYERS AND A GROUP OF
EMPLOYEES THAT IS SUBJECT TO THE PROVISIONS OF THE FEDERAL
EMPLOYEE RETIREMENT SECURITY ACT OF 1974, PROGRAM OF THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE FOR WHICH A RIGHT OF
SUBROGATION EXISTS UNDER §§ 15-120 AND 15-121.1 OF THE HEALTH -
GENERAL ARTICLE, OR AS A BENEFIT UNDER ANY CONTRACT OR POLICY OF
LIFE INSURANCE OR SOCIAL SECURITY ACT OF THE UNITED STATES. AN
AWARD MAY NOT BE MODIFIED AS TO ANY DAMAGES ASSESSED FOR ANY
FUTURE EXPENSES, COSTS, AND LOSSES UNLESS THE PANEL CHAIRMAN
ORDERS THE DEFENDANT OR THE DEFENDANT'S INSURER TO PROVIDE
ADEQUATE SECURITY OR, IF THE INSURER IS AUTHORIZED TO DO BUSINESS

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