Md. Code Regs. 22.06.03.02

Current through Register Vol. 51, No. 20, October 4, 2024

Section 22.06.03.02 - The Medical Board's Review

A. Disabled or Not.

(1) In a claim for ordinary or accidental disability retirement, the medical board shall certify whether or not:

(a) An applicant is mentally or physically incapacitated for the further performance of the normal duties of the applicant's position;

(b) The incapacity is likely to be permanent; and

(c) The applicant should be retired.

(2) In making the determination set forth in §A(1) of this regulation, the medical board shall consider:

(a) The nature of the applicant's normal job duties;

(b) Whether the applicant currently performs of the normal duties of the applicant's position without restriction; and

(c) Whether the applicant is not performing the normal duties of the applicant's position for a reason other than a permanent mental or physical incapacity.

B. Accidental Disability Retirement.

(1) In a claim for accidental disability retirement, the medical board shall make a recommendation regarding whether an applicant:

(a) Is totally and permanently incapacitated for duty as the natural and proximate result of an accident that occurred in the actual performance of duty at a definite time and place without willful negligence by the applicant; or

(b) Except as provided in §B(2) of this regulation, if the applicant is in the State Police Retirement System or Law Enforcement Officers' Pension System, is totally and permanently incapacitated for the further performance of duty arising out of and in the course of the actual performance of duty without willful negligence by the applicant.

(2) If an applicant is a member of the Deferred Retirement Option Program who commenced participation on or after July 1, 2008, in a claim for accidental disability retirement, the medical board shall make a recommendation whether the applicant:

(a) Became totally and permanently incapacitated for the further performance of duty after commencing participation in the Deferred Retirement Option Program; and

(b) Is totally and permanently incapacitated for the further performance of duty by an occurrence that arose out of and in the course of the actual performance of duty while participating in the Deferred Retirement Option Program without willful negligence by the applicant.

(3) In making the determination set forth in §B(1) or (2) of this regulation, the medical board:

(a) Shall consider the Disability Unit's findings under Regulation .01D of this chapter; and

(b) Except if the applicant is in the State Police Retirement System, Law Enforcement Officers' Pension System, or Correctional Officers' Retirement System, may not consider an accident that took place more than 5 years before the date that the Statement of Disability and Preliminary Application for Disability Retirement was submitted to the Retirement Agency.

C. Procedures for Medical Board's Review.

(1) The medical board shall review an applicant's Statement of Disability and additional evidence submitted by the applicant or obtained by the Retirement Agency.

(2) The medical board may take one or more of the following actions to facilitate its review of the applicant's claim:

(a) Request additional information from the applicant or the applicant's employer pertaining to the applicant's claim;

(b) Require the applicant to report for an independent medical evaluation; or

(c) Suspend its review for a period not to exceed 1 year in order to evaluate the effectiveness of treatment or consider whether an applicant has reached maximum medical improvement.

Md. Code Regs. 22.06.03.02

Regulations .02 amended effective 43:23 Md. R. 1280, eff. 11/24/2016