Blog Posts in 2012
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 Dec 18, 2012 By HMM
Goss v. Estate of Jennings, 51 A.3d 761 (Md. Ct. Spec. App. 2012). This case examines whether the non-economic damages cap imposed by Maryland law applies collectively to damages awarded in a wrongful ...
Continue reading "Civil Case Update-Capping Damages in Survival and Wrongful Death Actions" »
Posted on Dec 18, 2012 By HMM
Duckett v. Riley, 428 Md. 471 (Md. 2012). This case involved a procedural question: whether a case information sheet electing a jury trial and filed with the Complaint was sufficient for demanding a ...
Continue reading "Civil Case Update-How to Demand a Jury Trial" »
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 Sep 28, 2012 By HMM
Schaffer v. Subsequent Injury Fund, 2012 Md. App. LEXIS 108 (Md. Ct. Spec. App. Sept. 4, 2012) This case examined whether the Subsequent Injury Fund's payments can be accelerated pursuant to a ...
Continue reading "New Case Update-Can Payments by the SIF be Accelerated by a Lump Sum Settlement?" »
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?" »
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" »
Posted on Jul 13, 2012 By HMM
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 ...
Continue reading "Case Update - Loss of Ability to Work Overtime Is a Loss of Wage Earning Capacity" »
Posted on Jul 13, 2012 By HMM
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 ...
Continue reading "Case Update - Act of Third Party Not Compensable if Not Within Scope of Employment" »
Posted on Jul 13, 2012 By HMM
Page v. Amtrak, 200 Md. App. 463 (Md. Ct. Spec. App. 2011) [09/02/2011] This case involves the Federal Employees Liability ACT (FELA) meant to compensate injured railroad workers. The Claimant filed ...
Continue reading "Case Update - Employer Negligence Standard under Federal Employees' Liability Act" »
Posted on Jul 13, 2012 By HMM
McLaughlin v. Gill Simpson Elec. , 2012 Md. App. LEXIS 88 (Md. Ct. Spec. App. June 29, 2012) This case examined whether a Claimant's withdrawal of issues in conjunction with a Petition to Reopen ...
Continue reading "New Case Update - Withdrawl of Accopmanying Issues is Withdrawal of Petition to Reopen" »
Posted on Jul 10, 2012 By HMM
Barclay v. Briscoe, 2012 Md. LEXIS 385 (Md. June 27, 2012). This case involved a motorist, Sgt. Michael Barclay, who was seriously injured after a collision with Christopher Richardson. Richardson, a ...
Continue reading "New Liability Case Update - Employer Liability for Employee's Motor Tort" »
Posted on Jul 3, 2012 By HMM
Hayes v. Pratchett, 2012 Md. App. LEXIS 63 (Md. Ct. Spec. App. June 5, 2012). This case involved an employee, Daniel Hayes, who was struck by a vehicle driven by his supervisor, Darien Pratchett, ...
Continue reading "New Case Update - Supervisor Not Immune from Liability when Acting as Co-Employee, Not Performing Nondelegable Duty" »
Posted on May 23, 2012 By HMM
Washington Metropolitan Area Transit Authority v. Williams, 2012 Md. App. LEXIS 46 (Md. Ct. Spec. App. Apr. 26, 2012) This case is an appeal by the Washington Metropolitan Area Transit Authority, the ...
Continue reading "New Case Update - Subsequent Injury at Work Hardening Facility Not Compensable" »
Posted on Apr 17, 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 $965.00. Permanent Total Disability : 2/3 of the Employee's ...
Continue reading "2012 Workers' Compensation Rates - Effective January 1, 2012" »
Posted on Feb 23, 2012 By HMM
Garrity v. Injured Workers' Ins. Fund, 2012 Md. App. LEXIS 11 (Md. Ct. Spec. App. Feb. 9, 2012). Scott Garrity worked as a part-time bailiff at the District Court for Baltimore City. On June 8, ...
Continue reading "New Case Update - No Exception to Going and Coming Rule in Motor Vehicle Accident" »
Posted on Jan 31, 2012 By HMM
An Administrative Hearing open to the public is set for Wednesday, February 8, 2012 at 4:00pm in Annapolis on the issue of whether a pharmaceutical fee schedule should be implemented for ...
Continue reading "Pharmaceutical Fee Schedule - Public Hearing Scheduled" »