Clarity for the Statute of Limitations for Maryland Workers’ Compensation Modification Cases

 Montgomery County, Maryland v. Fernando Rios, No. 2642, September Term 2018.

In February of 2020, the Workers’ Compensation Commission (hereinafter “WCC”), announced that when filing for a modification, the statute only requires that the modification be applied for within the statute of limitations. This holding came out of the Montgomery County, Maryland v. Fernando Rios matter.

            Mr. Rios had filed a request to modify his workers’ compensation award, alleging a permanent partial disability. His filing took place less than one month before the statute of limitations expired. Mr. Rios submitted his filing without yet having obtained a medical evaluation for permanent impairment which is required by COMAR 14.09.09.02B. He did eventually complete the evaluation, but it was after the statute of limitations had expired on the matter.

            Montgomery County claimed that Mr. Rios claim was barred by the statute of limitations due to his failure to complete the medical evaluation, but the WCC disagreed and awarded the modification. Montgomery County then noted a record appeal to the Circuit Court for Montgomery County, once again alleging that the statute of limitations was violated due to Mr. Rios having not completed the medical evaluation. The Circuit Court affirmed the decision of the Commission, an appeal was then filed by the County.

            The Maryland Court of Special Appeals opinion, delivered by Judge J. Beachley, was issued on February 28, 2020. The Court reaffirmed the Circuit Court and the Commissioners position and held that the statute of limitations was not violated. The Court stated that in accordance with Section 9-736 (b)(3) of the Labor and Employment Article, it is only required that a modification of the award be “applied for” within the statute of limitations. The Court cites to the Maryland Court of Appeal’s recent decision in Gang v. Montgomery County, 464 Md. 270 (2019), which held that a failure to file a Motion for Modification form as required under the COMAR regulation, within the statute of limitations, does not bar an otherwise timely claim. The Court cites to this decision, as it sets the precedent that COMAR does not impose an additional requirement in order to satisfy the requirements of LE 9-736(b)(3). The County argued in the alternative that without the medical evaluation, Mr. Rios has no “basis in fact” as to his modification request, but the Court once again rejected this argument.

            This decision affects Maryland Workers’ Compensation Law due to it emphasizing the separation of COMAR requirements from statute of limitation requirements for modification requests. The Court has now clearly stated that it is only required that the modification be “applied for” within the statute of limitations.

-Kari Gallagher, Law Clerk.