ROBERT L. EHRLICH, JR., Governor Ch. 276
CHAPTER 276
(House Bill 122)
AN ACT concerning
Courts - Subsequent Injury Fund - Effect of Impleading in Workers'
Compensation Appeal
FOR the purpose of limiting a requirement of mandatory suspension of further
proceedings in a workers' compensation appeal in a circuit court or the Court of
Special Appeals and remand of a case to the Workers' Compensation
Commission if an impleader of the Subsequent Injury Fund is filed to
circumstances in which the impleader is filed within a certain time; authorizing
a circuit court or the Court of Special Appeals, for good cause shown, to suspend
further proceedings in a workers' compensation appeal and remand a case to the
Commission if an impleader of the Fund is filed under certain circumstances
less than a certain number of days before a certain trial or a certain hearing;
providing certain exceptions, to a requirement of mandatory suspension of
further proceedings in a workers' compensation appeal in the Court of Special
Appeals and remand of a case to the Commission if an impleader of the Fund is
filed, for an impleader filed in bad faith or without substantial justification;
providing for the application of. this Act; and generally relating to altering
certain requirements concerning impleading the Fund on a workers'
compensation appeal in a circuit court or the Court of Special Appeals.
BY repealing and reenacting, with amendments,
Article - Labor and Employment
Section 9-807(b)
Annotated Code of Maryland
(1999 Replacement Volume and 2002 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Labor and Employment
9-807.
(b) (1) The Subsequent Injury Fund may be impleaded at any stage of the
proceedings:
(i) before the Commission; or
(ii) on appeal.
(2) If the Subsequent Injury Fund is impleaded on appeal before a circuit
court [or the Court of Special Appeals], the court [shall]:
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