Maryland: Electronic Submission of Claim Does Not Toll Statute of Limitations

In Hranicka v. Chesapeake Surgical, Ltd., 2015 Md. LEXIS 413 (June 18, 2015), the Court of Appeals of Maryland held that an employee’s claim was time-barred under Md. Code Ann., Lab. & Empl. § 9–709(b)(3) where the claim was electronically submitted to the Commission before expiration of the two-year limitations period, but not filed on paper with the Commission until after expiration of the two-year period. Stated otherwise, the Court held that, under the relevant statutes and regulations, electronic submission of a claim does not constitute “filing” pursuant to Code of Maryland Regulations (“COMAR”) 14.09.02.02A, and the Commission erred in ruling that the filing date of a claim could, for purposes of the statute of limitations, be the date of the claim’s electronic submission. A claim that is submitted electronically is not considered filed until the signed claim form is received by the Commission.