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Recent Posts in Insurance Law Category

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: 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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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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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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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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Insurer Issues: Volume 1-What is a Good Faith Attempt to Settle?

Hughes v. Progressive Direct Ins. Co. , 2012 U.S. Dist. LEXIS 139345 (D. Md. Sept. 27, 2012) In July 2006, Jarrett Pratt struck a vehicle being driven by Joseph Hughes in Baltimore City. Hughes sued ...
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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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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 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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Vocational Rehabilitation Regulations Effective April 19, 2010

NEW VOCATIONALREHABILITATION REGULATIONS EFFECTIVE APRIL 19, 2010 On April 19, 2010 the Rules and Regulations for Vocational Rehabilitation will undergo some important regulatory changes. Below are ...
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Welcome to the HMM Law Blog

Welcome to Humphreys, McLaughlin & McAleer's (HMM) Law Blog. We will be updating you via our blog with Recent Caselaw, changes in Workers' Compensation Commission Rules and Procedures, and with ...
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