To be compensable under the Maryland Workers’ Compensation Act (“the Act”), the general rule is that an accidental personal injury must arise out of and in the course of employment. However, according to § 9-101(b)(2) of the Labor and Employment (“L&E”) Article, “an injury caused by a willful or negligent act of a third person […]Continue Reading
What is the difference between Reopening and Reconsideration?
The Maryland Workers’ Compensation Act (“the Act”) provides three methods for challenging an individual award. Immediately after the Workers’ Compensation Commission (“WCC”) issues its decision, an injured worker may request a rehearing before the Commission or appeal the case to circuit court. Additionally, injured workers may petition the Commission to reopen a case due to […]Continue Reading
Off-duty Police Officer Injured in Squad Car while running Personal Errands entitled to Workers’ Comp
In Montgomery County v. Wade, 345 Md. 1 (1997), the Court of Appeals of Maryland held that an off-duty police officer incurred a compensable injury while traveling in her personal patrol vehicle (“PPV”), despite the fact the officer was operating her PPV for purely private purposes. The question before the Court was whether such conduct […]Continue Reading
Why are Shoulders Compensated as “Other Cases” Injuries while Hips are Not?
The human body has a head, torso, and upper and lower extremities. The upper extremities are commonly referred to as arms, and the lower extremities as legs. Moreover, the human body is symmetrical; not only with respect to the right and left sides, but also in regard to the upper and lower extremities. Arms are […]Continue Reading
Applying Principles of Statutory Construction to Wrist and Ankle Injuries
This article aims to clarify a growing misconception amongst Maryland practitioners that wrist and ankle injuries are required to be treated as hand and foot injuries for purposes of permanent partial disability (“PPD”). As will be argued, the correct reading of the Maryland Workers’ Compensation Act (“the Act”) reflects that Workers’ Compensation Commissioners are vested […]Continue Reading
Combining scheduled and non-scheduled losses that arise out of a single accidental injury
The following is a brief synopsis of the Maryland Court of Appeals’ decision in Montgomery County v. Robinson, 435 Md. 62 (2013). Scheduled and Non-Scheduled Losses There are four general types of workers’ compensation disability benefits: temporary total and temporary partial, as well as permanent total and permanent partial. The Act provides directives for calculating […]Continue Reading
HBO Show Revives Worker’s Comp Nightmare for Jock turned Lawyer
The HBO news series Real Sports recently aired an episode covering the lack of workers’ compensation for NCAA “student-athletes.” The episode (appropriately titled “The Wreckage”), highlighted a few of the benefits enjoyed by regular university employees which are unavailable to student-athletes, and focused on the lack of coverage for medical expenses that continue beyond a […]Continue Reading
‘Going & Coming’—the Rule and the Exceptions
In Maryland, operation of the Going & Coming Rule precludes workers’ compensation for employees who are injured while traveling to and from work. The rationale for this rule is that employees ordinarily do not further their employer’s interests during their commute, nor do they face any greater risk of harm than other members of society […]Continue Reading
