Legislation Unleashed: Navigating the Latest Amendments to the Maryland Workers’ Compensation Act
The Maryland legislature is active in 2024 and, while several bills are undergoing Committee review, two proposed bills will progress to law and will be in effect on October 1, 2024.
HB0669/SB0843
On April 25, 2024, the Maryland Governor approved the proposed bills which will amend Labor and Employment Article §9-505 pertaining to hearing loss requirements for workers’ compensation benefits.
Effective October 1, 2024, an employer must now provide benefits to a covered employee due to industrial noise in the frequencies of 500, 1,000, 2,000, 3,000, and 4,000 hertz.
Notably, an employer will not be liable for benefits related to occupational deafness unless the covered employee worked for the employer in employment that exposed the covered employee to harmful noise for at least 90 days.
Interestingly, the calculation will now account for the deduction of one-half of a decibel for each year of the covered employee’s age over 50 or for each year subsequent to the date of the covered employee’s last injurious exposure to industrial noise, whichever is less.
Finally, one last takeaway from the newly passed bill is the removal of tinnitus from Labor and Employment Article §9-650.
HB0584/SB0476
On April 9, 2024, the Maryland Governor approved the proposed bills which will amend Labor and Employment Article §9-503 pertaining to causal relationship presumptions for various firefighters defined under §9-503(c) of the Labor and Employment Article.
Effective October 1, 2024, diagnoses of thyroid, colon, and ovarian cancer will be presumed to be related to the individual’s employment and encounters in the line of duty. Of course, to qualify, the individual must have completed at least 10 years of cumulative service within the State of Maryland as a firefighter, fire fighting instructor, rescue squad member, or an advanced life support unit member.
Looking ahead, Employers should take necessary steps to overcome the newly-enacted presumptions by relying on diligent investigation of the employee’s family history, life circumstances, and credible defense expert opinions.
Jason A. Heller