Recent Posts in Maryland Workers' Compensation Category
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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 Feb 24, 2015 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 $1,005.00. Permanent Total Disability : 2/3 of the Employee's ...
Continue reading "2015 Maryland Workers' Compensation Rates" »
Posted on Jan 17, 2014 By HMM
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 ...
Continue reading "Case Update: Documentation Required for Medical Mileage Reimbursement" »
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 Oct 10, 2013 By HMM
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 ...
Continue reading "Case Update: Insurer Not Obligated to Pay Underinsured Motorist Benefits When Workers' Compensation Lien Exceeds Judgment Balance" »
Posted on Jul 16, 2013 By HMM
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 ...
Continue reading "Update: Workers' Compensation Commission Revises Procedural Regulations" »
Posted on Jul 12, 2013 By HMM
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 ...
Continue reading "New Case Update:" »
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
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 ...
Continue reading "Employer Issues: Volume 3-Where a Corporate Parent May be Found Liable for a Subsidiary's Actions" »
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 28, 2012 By HMM
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 ...
Continue reading "New Case Update-Washington Redskin Tom Tupa - Maryland Jurisdiction and a Closer Look at Compensability for Inherently Dangerous Jobs" »
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?" »
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