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Ch. 167
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Martin O'Malley, Governor
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estoppel, the dependents of the covered, employee or an individual on their behalf shall
file a claim [application] 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 cease to operate.
(2) Failure to file a claim [application] in accordance with paragraph
(1) of this subsection bars a claim under this title.
9-711.
(a) (1) If a covered employee suffers a disablement or death as a result of an
occupational disease, the covered employee or the dependents of the covered employee
shall file a claim APPLICATION FORM AND AN AUTHORIZATION FOR THE
SIMULTANEOUS RELEASE OF ALL RELEVANT MEDICAL INFORMATION with the
Commission within 2 years, or in the case of pulmonary dust disease within 3 years,
after the date:
(1) (I) of disablement or death; or
(2) (II) when the covered employee or the dependents of the covered
employee first had actual knowledge that the disablement was caused by the
employment.
(2) (I) A CLAIM APPLICATION FORM FILED UNDER PARAGRAPH
(1) OF THIS SUBSECTION SHALL INCLUDE AN AUTHORIZATION BY THE
CLAIMANT FOR THE RELEASE, TO THE CLAIMANT'S ATTORNEY, THE CLAIMANT'S
OR COVERED EMPLOYEE'S EMPLOYER, AND THE INSURER OF THE CLAIMANT'S
OR COVERED EMPLOYEE'S EMPLOYER, OR AN AGENT OF THE CLAIMANT'S
ATTORNEY, THE CLAIMANT'S OR COVERED EMPLOYEE'S EMPLOYER. OR THE
INSURER OF THE CLAIMANT'S OR COVERED EMPLOYEE'S EMPLOYER, OF
MEDICAL INFORMATION THAT IS RELEVANT TO:
1. THE MEMBER OF THE BODY THAT WAS INJURED,
AS INDICATED ON THE CLAIM APPLICATION FORM: AND
2. THE DESCRIPTION OF HOW THE OCCUPATIONAL
DISEASE OCCURRED, AS INDICATED ON THE CLAIM APPLICATION FORM.
(II) AN AUTHORIZATION UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH:
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- 1331 -
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