(a) The Commission shall excuse a failure to comply with the notice requirement of § 9-704 or § 9-705 of this subtitle if the Commission finds that:
(1) there was a sufficient reason for the failure to comply; or
(2) the employer or its insurer has not been prejudiced by the failure to comply.
(b) The employer or its insurer has the burden of proving that it has been prejudiced by the failure to comply with the notice requirement.
(c) In the case of an occupational disease, the defense of failure to comply with the notice requirement is waived unless raised at a hearing on the claim before any award or decision is made.
Structure Maryland Statutes
Title 9 - Workers' Compensation
Subtitle 7 - Claims Procedure, Hearings, and Appeals
Section 9-701 - Regulation of Claims Procedure
Section 9-704 - Notice to Employer -- Accidental Personal Injury
Section 9-705 - Notice to Employer -- Occupational Disease
Section 9-706 - Failure to Notify Employer -- Excuse and Waiver
Section 9-707 - Report by Employer to Commission
Section 9-709 - Claim Application -- Accidental Personal Injury
Section 9-710 - Claim Application -- Death From Accidental Personal Injury
Section 9-711 - Claim Application -- Disablement or Death From Occupational Disease
Section 9-712 - Submission of Claim Application Form to Insurer
Section 9-713 - Payment of Benefits or Filing of Issues
Section 9-714 - Claim Processing
Section 9-715 - Conduct of Investigations
Section 9-716 - Self-Incrimination -- Not Excused
Section 9-717 - Noncompliance by Witness
Section 9-718 - Transcript of Investigation
Section 9-720 - Medical Examinations
Section 9-721 - Evaluation of Permanent Impairments
Section 9-722 - Claim Settlement
Section 9-723 - Defenses Not Available to Insurer
Section 9-724 - Location of Hearing
Section 9-725 - Unreasonable Delay Prohibited
Section 9-727 - Payment of Award
Section 9-728 - Failure to Pay Award -- Penalties
Section 9-729 - Lump-Sum Payments -- on Order of Commission
Section 9-730 - Lump-Sum Payments -- Conversion by Insurer or Self-Insurer
Section 9-732 - Prohibition Against Assignment, Charge, Attachment, or Execution
Section 9-733 - Termination of Temporary Total Disability Benefits -- Notice
Section 9-734 - Frivolous Proceedings
Section 9-736 - Readjustment; Continuing Powers and Jurisdiction; Modification
Section 9-737 - Judicial Review -- Authorized
Section 9-739 - Record, Statement in Place of Record, or Stipulation
Section 9-740 - Scheduling of Appeal
Section 9-741 - Appeal Not a Stay
Section 9-742 - Jurisdiction of Commission Pending Appeal
Section 9-743 - Award Against Subsequent Injury Fund
Section 9-744 - Attorney General -- Representation of Commission
Section 9-745 - Conduct of Appeal Proceedings
Section 9-746 - Court Costs and Allowances for Witnesses
Section 9-747 - Copy of Docket Entries and Judgment for Commission
Section 9-748 - Interest on Compensation