Below is a list of appellate decisions involving workers’ compensation in 2020, with links to the full text of the decision. The extremely brief words that come with each are merely placeholders and should not be relied upon. If you are an injured worker, you should get an attorney. If you are an employer, you should deal with your carrier and/or attorney.
This is merely meant to capture recent workers’ compensation decisions in Maryland in one place. Please consult an attorney.
- Tyson Farms, Inc. v. Uninsured Employers’ Fund (12/01/2020 opinion, Court of Appeals of Maryland).
The existence of an “Employer-Employee” relationship is generally a matter of fact to be determined by the factfinder.
- Montgomery County v. Cochran & Bowen (10/26/2020 opinion, Court of Appeals of Maryland).
- Downer v. Baltimore County (08/26/2020 opinion, Court of Special Appeals of Maryland).
A “paramedic” is a “public safety employee.”
- Greer v. Montgomery County, 246 Md. App. 245, 228 A.3d 785 (2020).
Hernia injuries are compensable under the hernia-specific statute (LE 9-504) and are not compensable as “occupational diseases.”
A claim for work-related death and dependency benefits are separate and distinct claims from the underlying injured worker’s claim.
Both parties have the right to elect of jury trial for a “de novo” appeal of a Commission’s decision.
The “position risk” test is utilized to determine if an accidental injury arises “out of” employment; “but for” employment, would employee have been where the employee was when injured.
- Harford County v. Mitchell, 245 Md. App. 278, 226 A.3d 436 (2020).
LE 9-503 offsets are based on the employee’s salary as the time of retirement.
- Montgomery County v. Rios, 244 Md. App. 629, 225 A.3d 99 (2020).
Claimant is not required to have written medical evaluation prior to filing a Motion to Reopen or Modification of a prior Award.
- Baltimore County v. Ulrich, 244 Md. App. 410, 223 A.3d 1111 (2020).
An employee who recovers in tort must repay from any settlement or judgment medical expenses that are related to the recovery. The employee is not required to reimburse for payments not claimed as part of the judgment or settlement.