Md. Code Regs. 14.09.04.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.09.04.01 - Legal Representation

A. Representation.

(1) A party may be represented before the Commission by:

(a) An attorney admitted by the Court of Appeals to practice in this State;

(b) An out-of-State attorney specially admitted by order of the circuit court pursuant to the Business Occupations and Professions Article, § 10-215, Annotated Code of Maryland; or

(c) A party, who is an individual, may appear on the individual's own behalf pursuant to Business Occupations and Professions Article, § 10-102, Annotated Code of Maryland.

(2) All parties, other than an individual electing to represent him or herself, may be represented only by an attorney.

B. Attorney Registration with Commission.

(1) An attorney wishing to practice before the Commission shall

(a) register for CompHub

(2) Following verification and completion of the registration, the Commission shall issue the attorney a multiple digit attorney code.

(3) Attorneys registered for CompHub shall maintain current contact information with the Commission and shall notify the Commission of any change in their contact information within 30 days of the change.

C. Entry of Appearance.

(1) An attorney representing a claimant enters an appearance as attorney of record automatically when the attorney files the claim electronically.

(2) Except as provided in §C(1) of this regulation, an attorney representing a party in a claim shall complete and file an entry of appearance form with the Commission to establish an attorney of record.

(3) If an insurer does not yet have an attorney of record, within 10 days of the filing of issues by any party, an insurer shall have an attorney complete and file an entry of appearance form with the Commission to establish an attorney of record.

(4) After an entry of appearance form has been filed by an attorney on behalf of the insurer, all papers filed on behalf of the insurer shall be filed by the attorney of record until the claim becomes undisputed.

D. Notices.

(1) If a party is represented by an attorney, notices to the party may be served on the attorney of record only.

(2) An employer may designate a person who shall receive a courtesy copy of each notice of employee's claim filed against the employer.

E. Termination of Representation.

(1) By Notice. An attorney may withdraw an appearance by filing a notice of withdrawal if:

(a) The client has another attorney of record; or

(b) The claim has been settled and there is no possibility of any future medical benefits.

(2) By Motion. If an attorney is not permitted to withdraw an appearance by notice under §E(1) of this regulation, the attorney wishing to withdraw an appearance shall file a motion to withdraw. Except if the motion is made in an open hearing with the client present, the motion shall be accompanied by the client's written consent to the withdrawal or the moving attorney's certificate that notice has been mailed to the client at least 5 days prior to the filing of the motion, informing the client of the attorney's intention to move for withdrawal and advising the client to have another attorney enter an appearance or to notify the Commission in writing or through CompHub of the client's intention to proceed in proper person. The Commission may deny the motion if withdrawal of the appearance would cause undue delay, prejudice, or injustice.

(3) An attorney whose appearance has been entered on behalf of a party to a claim remains the attorney of record for the party to that claim unless the appearance was terminated under §E(1) or (2) of this regulation.

Md. Code Regs. 14.09.04.01

Regulation .01 amended effective July 1, 1990 (17:12 Md. R. 1494); May 28, 2001 (28:10 Md. R. 950)
Regulations .01, Guide for Evaluation of Permanent Impairment, recodified from COMAR 14.09.04 to COMAR 14.09.09, Guide for Evaluation of Permanent Disability, effective 41:4 Md. R. 305, eff.3/3/2014
Regulations.01, recodified from Regulations .23-.25 in COMAR 14.09.01, Procedural Regulations,to COMAR 14.09.04, Legal Representation and Fees, and amended effective 41:4 Md. R. 304, eff.3/3/2014 ; amended effective 45:5 Md. R. 287, eff. 3/12/2018; amended effective 47:17 Md. R. 797, eff. 8/24/2020; amended effective 48:20 Md. R. 890, eff. 10/18/2021