In Maryland workers’ compensation law, some cases are more important than others. The workers’ comp cases listed below are important in MD comp for various reasons. You may also obtain more general information about Maryland Workers’ Compensation Lawyers. Warnken, LLC is the author of the case briefs below. If you have comments or questions, please don’t hesitate to contact Warnken directly. Please check back with this page frequently for workers’ comp case briefs.
-
Garrity v. Injured Workers’ Insurance Fund
Garrity v. Injured Worker’s Ins. Fund No. 1185, 2012 WL 414227 Facts Appellant, who works as a bailiff at the District Court for Baltimore City, showed up to work wearing a Christmas tie. After spilling coffee on himself, the Appellant went home to change. That Appellant did not tell any of his supervisors that he […]
-
Potomac Abatement, Inc. v. Sanchez
Facts Respondent sustained injuries while working for the Petitioner. In 1999 the respondent filed the original claim with the Worker’s Compensation Commission. Then in 2006 through 2009 the respondent filed three new sets of issues under the original claim. Procedural History Following the rulings, the respondent filed an appeal to the Circuit Court and the […]
-
Belcher v. T. Rowe Price
Facts Appellant worked as a secretary for T. Rowe Price in their sky-scraper. Next door, another skyscraper was being built. This produced an infernal din that bordered on intolerable, despite (or perhaps because) her office was on the top floor. One day, a crane working on that skyscraper accidentally dropped a three ton beam through […]
-
Simmons v. Comfort Suites
Simmons v. Comfort Suites, 185 Md. App. 203 Important Points: A home security system or other home modification can, under unique circumstances, be considered compensable medical treatment covered by workers compensation. The home modification may be used if it serves a medical purpose, even if it is not traditionally used for a medical purpose. Whether […]
-
Planning Research Corp v. Elford
Planning Research Corp. v. Elford, 114 Md. App. 138 (1997), cert. denied, 346 Md. 240 (1997). Can I receive vocational rehabilitation compensation at the same time as I receive permanent partial disability compensation? Yes, you may receive an award for vocational rehabilitation services concurrently with permanent partial disability compensation. In Planning Research Corp. v. Elford, […]
-
Walmart Stores v. Holmes
Wal Mart Stores, Inc. v. Holmes, 416 Md. 346 (2010). Case Summary: Following his wife’s death, Plaintiff sought to receive his wife’s Workers’ Compensation benefits under the Maryland Workers’ Compensation Act, Md. Code §9-632, which states that a spouse may receive benefits when the deceased had a “legal obligation to support” the surviving spouse. Plaintiff’s […]
-
Pro Football Inc v. Tupa
Synopsis of the Court Of Special Appeals’ Decision in Pro-Football, Inc. v. Tupa, 197 Md.App. 463 (2011). NOTE: This case was granted cert. in the Court of Appeals and argued before it on May 3, 2012. The Court of Special Appeals, in Tupa, considered whether Maryland had jurisdiction to hear a claim where the contract […]
-
Harris v. Board of Education of Howard County – The Implications
Prior to Harris v. Board of Education of Howard County, 375 Md. 21 (Md. 2003), an injured worker in Maryland could only receive compensation under the Workers’ Compensation Act if the injury was the result of some “unusual activity”. The decision in the Harris case finally put to rest the unusual activity requirement that first […]
-
Rideout v. Department of Public Saftey and Correctional Services
Rideout v. Dep’t of Public Safety & Corr. Services, 149 Md.App. 649, 818 A.2d 250 (2003). Facts: In 1998, employee Rideout injured her left shoulder in a work related accident and did not return to her employment, MD House of Correction Annex, until September 20, 1999. The next day, she was sent to the firing […]
-
Correctional Pre-Release v. Whittington
Correctional Pre- Release System v. Whittington, 119 Md. App. 436, 705 A.2d 78 (1998). Parties: Correctional Pre-Release System (employer) & IWIF now Chesapeake Employers (insurer) (appellants) & Preston Whittington (employee) (appellate) Procedural History: Workers Compensation Commission issued an order requiring the employer and insurer to pay claimant $7,820.96 in temporary total disability benefits to supplement […]
-
Roberts v. Montgomery County
The Workers’ Compensation Act, located at Sections 9-101 through 9-1201 of the Labor and Employment Article of the Maryland Code, was intended “‘to protect workers and their families from hardships inflicted by work-related injuries by providing workers with compensation for loss of earning capacity resulting from accidental injury arising out of and in the course […]
-
Law Enforcement – Going and Coming – Okafor Case
By: Rebecca L. Smith, Esq. The Short Version: Troopers are permitted to get workers’ compensation benefits while driving to and from employment in their personal vehicle if otherwise entitled to an agency vehicle. Call us if you want more details. Read on for more specifics. On October 2, 2015, Maryland’s Court of Special Appeals decided […]
