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Martin O'Malley, Governor
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Ch. 167
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(2) The Commission may excuse a failure to file a claim in accordance
with subsection (a) of this section if the Commission finds:
(i) that the employer or its insurer has not been prejudiced by
the failure to file the claim; or
(ii) another sufficient reason.
(3) Notwithstanding paragraphs (1) and (2) of this subsection, if a
covered employee fails to file a claim within 2 years after the date of the accidental
personal injury, the claim is completely barred.
(c) If a covered employee is disabled due to an accidental personal injury
from ionizing radiation, the covered employee shall file a claim with the Commission
within 2 years after:
(1) the date of disablement; or
(2) the date when the covered employee first knew that the
disablement was due to ionizing radiation.
(d) (1) If it is established that a failure to file a claim in accordance with
this section was caused by fraud or by facts and circumstances amounting to an
estoppel, the covered employee shall file a claim with the Commission within 1 year
after:
(i) the date of the discovery of the fraud; or
(ii) the date when the facts and circumstances that amount to
estoppel ceased to operate.
(2) Failure to file a claim in accordance with paragraph (1) of this
subsection bars a claim under this title.
9-710.
(a) This section does not apply to a claim for death due to an accidental
personal injury from ionizing radiation.
(b) (1) If a covered employee dies from an accidental personal injury, the
dependents of the covered employee or an individual on their behalf shall, within 18
months after the date of death, file with the Commission:
(1) (I) a claim application form;
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- 1329 -
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