Recent Posts in Employer Defense Category
43 results found. Viewing page 1 of 2.
Go to page
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 Dec 10, 2020 By HMM
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 ...
Continue reading "Case Update: Recent Court of Appeals Decision on Employment Relationship" »
Posted on Oct 29, 2020 By HMM
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 ...
Continue reading "Case Update: Court of Appeals Holds Date of a Claimant's Retirement is the Time of Last Exposure to Industrial Noise" »
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 Feb 11, 2020 By HMM
In Baltimore County v. Charles Ulrich, the Claimant, the Claimant, Charles Ulrich, suffered an accidental injury to his elbow while lifting a heavy trash can as a maintenance specialist in 2011. He ...
Continue reading "Case Update: Employer Has No Subrogation Claim Against Settlement Paid By Negligent Provider" »
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 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 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 Mar 6, 2013 By HMM
Smith v. Johns Hopkins Cmty. Physicians, Inc. , 2013 Md. App. LEXIS (Md. Ct. Spec. App. Jan. 23, 2013). This case involved the question of whether a transfer to a legally proper, more convenient forum ...
Continue reading "Civil Case Update-When a Transfer of Venue is not an Abuse of Discretion" »
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 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?" »
43 results found. Viewing page 1 of 2.
Go to page