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December 2021 Notices     Go back to Notices
We are closed Friday, December 24th in observance of Christmas Day.
We are closed Friday, December 31st in observance of New Years Day.
28 Calendar Year 2022 Medical Fee Guide materials are posted to our Medical Fee Guide information page.
27 Effective immediately - all employees, contractors, visitors, etc. who enter any of our locations must wear masks and maintain at least six (6) feet social distancing.
13 Regulation Spotlight – IME’s
Periodically, the Commission will spotlight a regulation or part of a regulation to showcase a change or merely to remind the community of what a regulation actually says (as opposed to what we think it says). As always, the following is not legal advice.

Effective October 18, 2021, COMAR 14.09.03.08B(6) was changed to remove an arbitrary cap on the reimbursement of reasonable expenses and costs incurred because of a missed medical examination. For many years, the reimbursement was capped at $125. As part of its obligation to review regulations every 8 years, the Commission amended COMAR 14.09.03.08B(6) to permit reimbursement of reasonable expenses and costs “actually incurred” because of the missed examination. What did not change is that reimbursement is available for IME’s missed “without good cause” and that the amount reimbursed must be “reasonable.”
The current version of COMAR 14.09.03.08B now reads:
Medical Examination Requested by a Party.
(1) A party may schedule a medical examination of the claimant with a physician, psychologist, or psychiatrist chosen by the party, by providing to the claimant and claimant’s counsel reasonable notice of the examination in writing.
(2) The party scheduling a medical examination of the claimant shall be responsible for all reasonable expenses associated with the examination.
(3) The parties shall, in good faith, attempt to resolve any differences in scheduling and scope of examination.
(4) A claimant shall appear for a scheduled medical examination.
(5) If a claimant fails to appear, refuses to submit, or fails to cooperate with the medical examination, the party requesting the examination may file an Issues form for a hearing to compel a medical examination and for reimbursement of reasonable expenses and costs.
(6) If a claimant fails to appear at, refuses to submit to, or fails to cooperate with the medical examination, without good cause, the Commission may order the claimant to attend a medical examination and order reimbursement of reasonable expenses and costs actually incurred because of the missed examination.

Going back to 2014 at least, subsection B(1) of the regulation has required reasonable written notice of the IME to both the claimant and claimant’s counsel by the party seeking to schedule the IME. “Reasonable” in this context refers to the timing and manner of the notice. In the event of disputes arising out the scheduling of an IME, subsection B(3) requires the parties, in good faith, to attempt to resolve any differences in the scheduling and scope of the examination. As always, cooperation and communication among the parties is expected.
6 Pursuant to the requirements of the Open Meetings Act, the Commission hereby gives notice that the Commissioners will hold the Commission meeting scheduled for December 9, 2021 in the 3rd floor meeting room at 10 E. Baltimore Street, Baltimore, MD 21202, starting at 9:30 am. If you would like to attend this meeting, please send an email to Openmeeting@wcc.state.md.us no later than 2:00 pm on Wednesday, December 8, 2021, to allow time for the Commission to plan for social distancing for attendees of the meeting and to provide notice of your planned attendance to the building security.