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Recent Posts in Maryland Workers' Compensation Category

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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. ...
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." »

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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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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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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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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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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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:

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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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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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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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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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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