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Acceleration Of Payments

The process of converting weekly compensation payments into a lump sum, with the Commission's approval.

Accidental Injury

An accidental injury that arises out of and in the course of employment.  An accidental injury could also be an injury caused by a willful or negligent act of a third person directed against a covered employee in the course of the employment of the covered employee.  Finally, an accidental injury could mean a disease or infection that naturally results from an accidental injury arises out of an in the course of employment including an occupational disease.

Accidental Personal Injury

See Accidental Injury.

Act

The Workers' Compensation Act.

Agency

A person who is acting on an employer's behalf may be deemed to have agency.  An intentional act of the employer's agent is not automatically attributable to the employer, which would allow the employee to sue the employer instead of the employer's agent.

Appeal

If you are unhappy with the commission's decision, it may be appealed.  An appeal takes the case to a traditional court.  You have 30 days from the date of commission's order to file the appeal.

Apportionment

When an employee's disability is due in part to a pre-existing or prior injury, the Commission will use the process of apportionment to determine the percentage of how much the pre-existing or prior injury is attributable to the employee's current disability.

Arising Out Of Employment

One condition to an award for accidental injury.  Courts have held "out of" means "it results from the nature, conditions, obligations, or incidents of the employment."  Spencer v. Chesapeake Paperboard Co., 186 Md. 522.  Related to, but not the same as, "In the Course Of"

Assault Exception

When assaulted by a third-party, an injured employee only needs to show that the injury was sustained "in the course of", not "arising out of," employment.  Assaulted at work is more common in law enforcement, but it can produce workers' compensation benefits for any job.

Attorneys' Fees

The amount of compensation that an attorney receives for representation in a workers' compensation case. The amount of attorneys' fees is determined by statute and approved by the Commission.

Authorized Provider

For more information on authorized medical provider please review this article. It gives example of various medical personnel permitted to give care under workers' compensation.

Average Weekly Wage

The average of what you earn in a week.  Commonly the average of the previous 13 weeks of paychecks.  It includes all compensation.  Click FAQ's to read more about AWW.

Award

An amount given to a claimant by the Workers' Compensation Commission for injuries sustained.  Usually, it is in the form of a written award, after a hearing before the WCC.

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