Baltimore Comp Lawyer Blog

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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

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