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Humphreys, McLaughlin & McAleer, LLC

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2015 Maryland Workers' Compensation Rates

Temporary Total Disability : 2/3 of the Employee's Average Weekly Wage not to exceed 100% of the State Average Weekly Wage or $1,005.00. Permanent Total Disability : 2/3 of the Employee's ...
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HMM welcomes John Rufe to our firm!

Humphreys, McLaughlin & McAleer, LLC is pleased to welcome John P. Rufe to the firm as a Partner. John brings to the firm over 25 years of legal experience. John focuses his practice in ...
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appellant in a de novo workers' compensation jury trial is not required to move the Commission decision into evidence.

In this underlying workers' compensation claim, the Maryland Workers' Compensation Commission (“Commission”) entered an Award of Compensation (“Award”) ordering the ...
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HMM welcomes Kelly D. Fato to our firm!

Humphreys, McLaughlin & McAleer, LLC is pleased to welcome Kelly D. Fato to the firm as a Partner. Kelly has over 20 years of legal experience. She is an experienced practitioner focusing on the ...
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2014 Maryland Workers' Compensation Rates

Temporary Total Disability : 2/3 of the Employee's Average Weekly Wage not to exceed 100% of the State Average Weekly Wage or $998.00. Permanent Total Disability : 2/3 of the Employee's ...
Continue reading "2014 Maryland Workers' Compensation Rates" »

Case Update: Documentation Required for Medical Mileage Reimbursement

In this underlying case, the Maryland Workers' Compensation Commission ("WCC") ordered an Employer/Insurer to reimburse the Claimant for his medical mileage, even though he failed to ...
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D.C. Update- Calculation of Average Weekly Wage Includes Housing Allowance

In this recent decision, the D.C. Court of Appeals held that the Compensation Review Board erred in instructing the ALJ to ignore a housing allowance paid by the claimant's employer, when ...
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Case Update: Maryland Court Declines to Rule on Forum non Conveniens

In this underlying case filed in the Circuit Court for Prince George's County, Plaintiff filed a tort action against Defendant, alleging negligence. The trial court denied Defendant's motion ...
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Case Update

In this unreported decision, Plaintiff Berhane was involved in a MVA and subsequently sued the Defendant's UM carrier (Allstate) for negligence, and the manufacturer of Defendant's vehicle ...
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Case Update: Court Determines Claimant Is Not Entitled to Receive TTD Payments After Reaching Maximum Medical Improvement

In this decision, the Maryland Court of Special Appeals addresses whether a workers' compensation claimant who has reached maximum medical improvement (MMI) still receive temporary total ...
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Case Update

In this decision, the Maryland Court of Appeals determined that a party required to defend itself in litigation may recover those litigation costs under Maryland Rule 1-341, regardless of whether such ...
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Case Update: The Interplay Between the Medicare Secondary Payer Statute and State Workers' Compensation Laws

This decision, which stems from an appeal from the US District Court for the Southern District of Texas, involved the interplay between the Medicare Secondary Payer Statute (MSP), federal law, and ...
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Case Update- Insurance Carrier Must Be Disclosed to Jury When Carrier Is A Party To The Proceedings

Dionne and Darryl Davis filed a lawsuit in Prince George's County alleging that Tania Martinez acted negligently, causing an automobile accident. Martinez tendered $20,000, representing her ...
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Case Update: MD Standard for Admissibility of Expert Testimony

In this decision, the Court of Appeals reversed the trial court's denial of a motion to exclude expert testimony on the basis that it was not generally accepted by the medical and scientific ...
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Case Update: The Medicare Secondary Payer Statute and State Workers' Compensation Laws

This decision, which stems from an appeal from the US District Court for the Southern District of Texas, involved the interplay between the Medicare Secondary Payer Statute (MSP), federal law, and ...
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Case Update: Insurer Not Obligated to Pay Underinsured Motorist Benefits When Workers' Compensation Lien Exceeds Judgment Balance

This recent decision concerns an appeal from the Circuit Court of Prince George's County of its decision denying a Motion to Enforce Judgment. That appeal arose out of a third party claim filed by ...
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Case Update: Maryland Tenant Does Not Have a Duty to Protect Landlord's Property Against the Unforeseeable Criminal Actions of Third Parties.

In this recent decision, the Maryland Court of Special Appeals found that a tenant does not owe a common law duty to his/her landlord to protect rented property against unforeseeable criminal acts by ...
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U.S. Court of Appeals (4th Cir.) Finds No Duty of Good Faith Owed by Insurance Company to It's Insured Who Files an Uninsured Motorist Claim

Hoang Do. v. Liberty Insurance Corporation (Case No. 13-1063) This case arose out of a motor vehicle accident between two parties, one of which was both at fault and uninsured. Mr. Do filed a claim ...
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Civil Case Update

Clay v. Consol Pennsylvania Coal Co., LLC, et. al. , (U.S. District Court of the Northern District of West Virginia, July 18, 2013) The appeal arose out of an underlying lawsuit alleging racial ...
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Curry v. Trustmark Ins. Co., (Maryland District Court, July 15, 2013)

This case involved a dispute regarding disability benefits. Under a policy of disability insurance, Mr. Curry was required to provide proof of ongoing disability in order to continue receiving ...
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Update: Workers' Compensation Commission Revises Procedural Regulations

Please click on the following link for a detailed summary by Lance G. Montour, Esq., discussing the proposed procedural regulations most likely to impact employers and insurers involved in proceedings ...
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New Case Update: Calculation of Employer and Insurer's Credit Upon Modification of a Compensation Award

Swedo v. W.R. Grace & Co., et al., 65 A.3d 692 (Md. App. 2013) Prior well settled workers' compensation case law has allowed the Employer and Insurer in a workers' compensation claim to ...
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New Case Update:

A 2007 amendment to Maryland workers' compensation law allowed dependents of certain public safety employees and firefighters to collect retirement benefits and workers' compensation benefits ...
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Civil Case Update-When a Transfer of Venue is not an Abuse of Discretion

Smith v. Johns Hopkins Cmty. Physicians, Inc. , 2013 Md. App. LEXIS (Md. Ct. Spec. App. Jan. 23, 2013). This case involved the question of whether a transfer to a legally proper, more convenient forum ...
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