Workers' Compensation
Winter 2022

Credit for IME No-Show Fees Increase

Prior to October 18, 2021, COMAR placed a cap of $125.00 reimbursement of reasonable expenses and costs incurred when a claimant in a Workers’ Compensation matter missed an independent medical examination appointment. The cap of $125.00 was arbitrary and not an accurate reflection of the fees that result from a claimant failing to attend a scheduled medical examination appointment.

Effective October 18, 2021, COMAR was revised to remove the $125.00 cap on the reimbursement of expenses and costs incurred due to a missed medical examination appointment. The controlling version of COMAR now reads: “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 exam (emphasis added). Md. Code Regs. The amendment now allows the penalized party to seek credit for the entire amount of the no-show fee.

The reimbursement amount ordered will be at the commissioner’s discretion presiding over the matter. If either party believes that the decided reimbursement amount inaccurately reflects the costs incurred, a motion for a rehearing may be submitted to the Commission within fifteen of the days after the decision. Additionally, another avenue to further litigate the issue of the reimbursement amount ordered is to appeal the matter to one of the state’s circuit courts for the matter to be litigated before a judge or jury.

Written by associate Marleigh Davis.