HB0346 – A Glimpse of Future Vocational Rehabilitation Benefits?

House Bill 346 was introduced in the Maryland General Assembly on January 19, 2026, with the intent of requiring an Employer or Insurer to retroactively pay temporary total disability benefits between the date of maximum medical improvement and the date that vocational rehabilitation services begin. Proposed legislation is capped at a maximum of 60 days of retroactive benefits.

Under current Maryland case law, Ngo v. CVS, Inc., a Claimant is not entitled to temporary total disability benefits between the date of maximum medical improvement and the start date of vocational rehabilitation services, as temporary total disability is defined as the “healing period” and maximum medical improvement signaling the conclusion of that period.

House Bill 346 did not gain any momentum in the Maryland Legislature. However, it is possible that there may be further attempts to codify these benefits in the future. If ultimately signed into law, House Bill 346 would overturn the Court’s decision in Ngo v. CVS, Inc.

Under current Maryland case law, an Employer and Insurer should still continue to act quickly in order to minimize their exposures for vocational rehabilitation. This would include securing a functional capacity evaluation (“FCE”) as soon as return to work restrictions are issued, as well as determining whether the Employer can accommodate any work restrictions. The ultimate goal is for the Employer and Insurer to prioritize actions to ensure there are no delays in starting vocational rehabilitation, if applicable, as the start date of vocational rehabilitation has come under scrutiny, with arguments made that vocational rehabilitation begins as early as the date of the FCE or as late as the date of the Commission approving a vocational rehabilitation plan.

Written by Patrick A. Short, Esq.