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Recent Posts in Insurance Law Category

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Case Update: Claimant's hernia not compensable as an occupational disease under Maryland Workers' Compensation Act.

Claimant filed a claim with the Commission alleging an inguinal hernia caused by repetitive lifting during his ten years of employment as a Montgomery County firefighter. After a hearing, the ...
Continue reading "Case Update: Claimant's hernia not compensable as an occupational disease under Maryland Workers' Compensation Act." »

Case Update: Court of Appeals finds that Employee's settlement of his claims does not extinguish dependents' claims for death benefits.

Bernard Collins, a volunteer firefighter, filed a workers' compensation claim for an alleged occupational disease of heart disease. The Employer and Insurer contested the claim. The Commission ...
Continue reading "Case Update: Court of Appeals finds that Employee's settlement of his claims does not extinguish dependents' claims for death benefits." »

Case Update: CSA holds that a Claimant's salary at the time of his retirement shall be used to calculate the LE 9-503(e)(2) offset.

In Harford County v. Mitchell, the Claimant developed cardiovascular disease while working as a Deputy Sheriff for Harford County. In 2005, Claimant was awarded workers’ compensation benefits. ...
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Case Update: Recent Decision on Employment Relationships and Employer's Liability

In Uninsured Employers' Fund v. Tyson Farms Inc., et al. , the Claimant began working for a farm that was contracted by Tyson to raise chickens in 2009. It was owned by Mr. Ung. Claimant performed ...
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Case Update: Hearing Loss and Tinnitus

In Montgomery Cty v. Cochran and Bowen, both claimants were firefighters for Montgomery County for over thirty years. They both developed hearing loss from exposure to loud noises encountered ...
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Case Update: Requests for Modification

In Gang v. Montgomery County, the Claimant, Officer Peter Gang, sustained injuries in September 2011 while working as a correctional officer for Montgomery County. He filed a claim with the ...
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Case Update: Settlement Agreements and Death Benefits

In February 2012, Bernard Collins filed a claim with the Workers' Compensation Commission alleging he developed heart disease and hypertension caused by his employment as a volunteer firefighter ...
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Case Update: Going and Coming Rule

In Calvo v. Montgomery County, the Claimant, Calvo, was a bus driver with twenty years' experience working with Montgomery County. She regularly was scheduled to work Monday through Friday at the ...
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Case Update: Degenerative Knee Tears Not Ruled Out as an Occupational Disease

In October 2015, Quinlan filed a claim with the Workers' Compensation Commission asserting that he developed meniscal tears in his right knee due to his job duties as a paramedic/firefighter for ...
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Case Update: In the Course of Employment > Employee's Home as a Work Site

In Schwan Food Co. v. Ryan Frederick, the Court of Special Appeals held that injuries sustained by an employee en route from the employee's home work site to another work-related site may arise ...
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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: 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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