Recent Posts in Insurance Law Category
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Posted on Apr 6, 2021 By HMM
Claimant was working as a school bus driver for the County when she injured her neck and left shoulder. In 2015, the Commission awarded benefits, but denied authorization for a left shoulder surgery. ...
Continue reading "Case Update: Court of Special Appeals Clarifies Which Commission Decisions Are Subject to Judicial Review" »
Posted on Mar 5, 2021 By HMM
The District of Columbia Council has enacted emergency legislation which aims to protect workers during the COVID-19 pandemic. While most of the legislation deals with protecting workers from adverse ...
Continue reading "District of Columbia Enacts COVID-19 Emergency Legislation Impacting Workers' Compensation." »
Posted on Aug 28, 2020 By HMM
In Downer v. Baltimore County, the Claimant was employed as an emergency medical technician (EMT) for Baltimore County Fire Department when she sustained compensable injuries to her neck. The ...
Continue reading "Case Update: CSA clarifies meaning of "paramedic" for purposes of LE §9-628; holds that EMT's qualify as public safety employees entitled to enhanced PPD benefits." »
Posted on Jun 4, 2020 By HMM
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." »
Posted on May 29, 2020 By HMM
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." »
Posted on Apr 9, 2020 By HMM
In Montgomery County v. Maloney, the Claimant, a Virginia resident and career firefighter for Montgomery County, at the request of his supervisor, volunteered to work at a two-day recruitment event ...
Continue reading "Case Update: CSA holds Circuit Court did not err in granting non-appealing party's request for an essential trial de novo and affirming that Claimant's injuries were compensable." »
Posted on Apr 9, 2020 By HMM
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. ...
Continue reading "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." »
Posted on Dec 27, 2019 By HMM
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 ...
Continue reading "Case Update: Recent Decision on Employment Relationships and Employer's Liability" »
Posted on Nov 15, 2019 By HMM
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 ...
Continue reading "Case Update: Hearing Loss and Tinnitus" »
Posted on Oct 11, 2019 By HMM
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 ...
Continue reading "Case Update: Requests for Modification" »
Posted on Oct 11, 2019 By HMM
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 ...
Continue reading "Case Update: Settlement Agreements and Death Benefits" »
Posted on Oct 11, 2019 By HMM
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 ...
Continue reading "Case Update: Going and Coming Rule" »
Posted on Oct 11, 2019 By HMM
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 ...
Continue reading "Case Update: Degenerative Knee Tears Not Ruled Out as an Occupational Disease" »
Posted on Oct 11, 2019 By HMM
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 ...
Continue reading "Case Update: In the Course of Employment > Employee's Home as a Work Site" »
Posted on Nov 15, 2013 By HMM
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 ...
Continue reading "Case Update: Court Determines Claimant Is Not Entitled to Receive TTD Payments After Reaching Maximum Medical Improvement" »
Posted on Nov 8, 2013 By HMM
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 ...
Continue reading "Case Update: The Interplay Between the Medicare Secondary Payer Statute and State Workers' Compensation Laws" »
Posted on Aug 13, 2013 By HMM
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 ...
Continue reading "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" »
Posted on Aug 13, 2013 By HMM
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 ...
Continue reading "Curry v. Trustmark Ins. Co., (Maryland District Court, July 15, 2013)" »
Posted on Dec 19, 2012 By HMM
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 ...
Continue reading "2013 Workers' Compensation Rates-Effective January 1, 2013" »
Posted on Oct 23, 2012 By HMM
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 ...
Continue reading "Insurer Issues: Volume 1-What is a Good Faith Attempt to Settle?" »
Posted on Oct 9, 2012 By HMM
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, ...
Continue reading "Change in WCC Regulation-Average Weekly Wage" »
Posted on Aug 8, 2012 By HMM
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 ...
Continue reading "Employer Issues: Volume 2 - When are Employers Vicariously Liable for Employee Actions on Their Premises?" »
Posted on Aug 4, 2012 By HMM
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 ...
Continue reading "Employer Issues: Volume 1 - Are Severance Payments a Wage?" »
Posted on Jul 13, 2012 By HMM
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 ...
Continue reading "Case Update - Dual Benefits to Spouse of Deceased Firefighter Not Allowed Due to Timing of Amendment of Statute" »
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