On Appeal, Parties Should Be Prepared That Maryland WC Commission Has Jurisdiction


Baltimore, MD (WorkersCompensation.com) - When a claim is on appeal, the parties shall be prepared to demonstrate that the Commission currently has jurisdiction over the issue upon which the hearing is set, pursuant to Potomac Abatement Inc., v. Sanchez, __Md.__, Sept. Term 2011, No. 56, slip op. (Md. February 21, 2012).

Under Md. Code Ann., Lab. & Emp. § 9-736(b), the Workers' Compensation Commission retains jurisdiction to hear new issues while other issues in the same claim are pending on appeal, so long as no evidence was taken or decision made on the new issues in the hearing from which the appeal was taken. LE § 9-742 was not intended to reduce the Commission's ongoing jurisdiction to grant relief, notwithstanding the appeal. 

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