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Recent Posts in Employer Defense Category

27 results found. Viewing page 1 of 2. Go to page 1 2   Next

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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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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2013 Workers' Compensation Rates-Effective January 1, 2013

Temporary Total Disability : 2/3 of the Employee's Average Weekly Wage not to exceed 100% of the State Average Weekly Wage or $990.00. Permanent Total Disability: 2/3 of the Employee's Average ...
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Civil Case Update-Capping Damages in Survival and Wrongful Death Actions

Goss v. Estate of Jennings, 51 A.3d 761 (Md. Ct. Spec. App. 2012). This case examines whether the non-economic damages cap imposed by Maryland law applies collectively to damages awarded in a wrongful ...
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Civil Case Update-How to Demand a Jury Trial

Duckett v. Riley, 428 Md. 471 (Md. 2012). This case involved a procedural question: whether a case information sheet electing a jury trial and filed with the Complaint was sufficient for demanding a ...
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Employer Issues: Volume 3-Where a Corporate Parent May be Found Liable for a Subsidiary's Actions

Elzey v. Wal-Mart Assocs. , 2012 U.S. Dist. LEXIS 122158 (D. Md. Aug. 28, 2012) Larry Elzey, an employee of Sam's Club, brought an employment discrimination action against Defendants Wal-Mart ...
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Change in WCC Regulation-Average Weekly Wage

The Workers' Compensation Commission has proposed a new regulation that will require the average weekly wage to be adjudicated at the first hearing. Per Commission statements at recent seminars, ...
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New Case Update-Washington Redskin Tom Tupa - Maryland Jurisdiction and a Closer Look at Compensability for Inherently Dangerous Jobs

Pro-Football, Inc. v. Tupa, 2012 Md. LEXIS 475 (Md. Aug. 22, 2012) This case involved former Washington Redskins kicker Thomas Tupa, who injured himself while warming up for a pre-season game. There ...
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Employer Issues: Volume 2 - When are Employers Vicariously Liable for Employee Actions on Their Premises?

Haeger v. Target Corp. , 2012 U.S. Dist. LEXIS 98942 (D. Md. July 17, 2012) This case involved a customer at a Target store who sustained injury while shopping. Sally Haeger was walking through the ...
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Employer Issues: Volume 1 - Are Severance Payments a Wage?

Ronald Piacquadio v. Vertis, Inc. This case involved an employee, Piacquadio, who sued his former employer for failure to pay his promised severance. Piacquadio began working for Vertis as an account ...
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Case Update - Dual Benefits to Spouse of Deceased Firefighter Not Allowed Due to Timing of Amendment of Statute

Johnson v. Mayor of Balt., 203 Md. App. 673 (Md. Ct. Spec. App. 2012) [03/29/2012] This case involved the question of whether the spouse of a deceased, retired firefighter, who passed away as a result ...
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Case Update - Loss of Ability to Work Overtime Is a Loss of Wage Earning Capacity

Montgomery County v. Deibler, 423 Md. 54 (Md. 2011) [10/27/11] This case sought to decide whether a loss in the ability to work overtime and associated loss of overtime compensation qualifies as a ...
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Case Update - Act of Third Party Not Compensable if Not Within Scope of Employment

Doe v. Buccini Pollin Group, Inc. , 201 Md. App. 409 (Md. Ct. Spec. App. 2011) [10/03/2011] The question to be answered in this appeal is whether an injury suffered by an employee at the hands of a ...
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Case Update - Employer Negligence Standard under Federal Employees' Liability Act

Page v. Amtrak, 200 Md. App. 463 (Md. Ct. Spec. App. 2011) [09/02/2011] This case involves the Federal Employees Liability ACT (FELA) meant to compensate injured railroad workers. The Claimant filed ...
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New Case Update - Withdrawl of Accopmanying Issues is Withdrawal of Petition to Reopen

McLaughlin v. Gill Simpson Elec. , 2012 Md. App. LEXIS 88 (Md. Ct. Spec. App. June 29, 2012) This case examined whether a Claimant's withdrawal of issues in conjunction with a Petition to Reopen ...
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New Liability Case Update - Employer Liability for Employee's Motor Tort

Barclay v. Briscoe, 2012 Md. LEXIS 385 (Md. June 27, 2012). This case involved a motorist, Sgt. Michael Barclay, who was seriously injured after a collision with Christopher Richardson. Richardson, a ...
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New Case Update - Supervisor Not Immune from Liability when Acting as Co-Employee, Not Performing Nondelegable Duty

Hayes v. Pratchett, 2012 Md. App. LEXIS 63 (Md. Ct. Spec. App. June 5, 2012). This case involved an employee, Daniel Hayes, who was struck by a vehicle driven by his supervisor, Darien Pratchett, ...
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New Case Update - Subsequent Injury at Work Hardening Facility Not Compensable

Washington Metropolitan Area Transit Authority v. Williams, 2012 Md. App. LEXIS 46 (Md. Ct. Spec. App. Apr. 26, 2012) This case is an appeal by the Washington Metropolitan Area Transit Authority, the ...
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New Case Update - No Exception to Going and Coming Rule in Motor Vehicle Accident

Garrity v. Injured Workers' Ins. Fund, 2012 Md. App. LEXIS 11 (Md. Ct. Spec. App. Feb. 9, 2012). Scott Garrity worked as a part-time bailiff at the District Court for Baltimore City. On June 8, ...
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2 Cases: Duty to Defend and Indemnify for Preparing Workers' Compensation Insurance Applications and Board of Education Employee Immunity

Maryland Accounting Servs., Inc. v. Continental Cas. Co., (D. Md.) (Nov. 21, 2011) Maryland Accounting Services, Inc. ("MAS") and Ivan A. Jaramillo ("Jaramillo") filed a Complaint ...
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Workers' Compensation Commission No Longer Exclusive Remedy for Negligent Retention/Hiring

The Court of Appeals held, in Ruffin Hotel Corp. of Md. v. Gasper, 418 Md. 594 (Md. 2011), that the Maryland Workers' Compensation Act does not preempt an action for negligent hiring and retention ...
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2011 Workers' Compensation Commission Regulatory Changes

1. COMAR 14.09.01.05 Amended, Effective May 16, 2011 Section.05 is titled "Notices of Insurance, Cancellation, Reinstatement, and Election of Coverage." In order to comply with Insurance Article ...
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Workers' Compensation Rates for 2011 - Effective January 1, 2011

State Average Weekly Wage For 2011 : $940.00 Temporary Total Disability And Permanent Total Disability Benefits For 2011 Will be paid at 2/3 of the employee's average weekly wage not to exceed ...
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New Maryland Workers' Compensation Cases

Anderson/Robinson v. Board of Ed. of Montgomery Co. , 192 Md. App. 343, 994 A.2d 507 (2010). Montgomery County challenged, in this appeal, the Commission's practice of combining multiple permanent ...
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Statutory Employer only Liable if Injured Worker is a "Covered Employee"

A STATUTORY EMPLOYER IS NOT LIABLE FOR WORKERS' COMPENSATION BENEFITS UNLESS THE INJURED WORKER IS A "COVERED EMPLOYEE" OF THE STATUTORY EMPLOYER An injured worker must be a ...
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