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Recent Posts in Maryland Workers' Compensation Category

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Case Update: Court of Special Appeals Clarifies Which Commission Decisions Are Subject to Judicial Review

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. ...
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Case Update: Recent Court of Appeals Decision on Employment Relationship

In Tyson Farms, Inc., et al. v. Uninsured Employers' Fund, the Claimant sustained an occupational disease of the lungs while working and residing on a chicken farm owned by Dai Nguyen. The ...
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Case Update: Court of Appeals Holds Date of a Claimant's Retirement is the Time of Last Exposure to Industrial Noise

Claimants Cochran and Bowen were firefighters for Montgomery County for over thirty years. They both developed hearing loss from exposure to loud noises encountered repeatedly on the job. Bowen also ...
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Case Update: Maryland Court of Appeals Adopts Daubert Standard for Admitting Expert Testimony in Rochkind v. Stevenson.

In this case, Starlena Stevenson, a former occupant of a residence brought an action against the residence's owner and manager, Stanley Rochkind for negligence and violations of the Consumer ...
Continue reading "Case Update: Maryland Court of Appeals Adopts Daubert Standard for Admitting Expert Testimony in Rochkind v. Stevenson." »

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 ...
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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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