Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

January 2014 Archives

Firefighter Can Recover Workers' Comp Benefits for Injuries Stemming from Travel from Work-Related Activity to Work Site

Firefigher in fiery doorway-thumb-250x378-80227.jpgIt's a fact of modern life that people are always "coming and going." "Going and coming" is a concept in workers' compensation that means that workers cannot recover for the injuries they suffer when they are on the way to work or on their way home. The rule is based on the idea that compensation in such situations is not warranted because getting to work is the employee's responsibility and does not involve advancing the employer's interests.

Maryland Foreclosures: Here We Go Again!

Dollar signs coming from chimney.jpgAlthough foreclosure rates around the country are decreasing, there has been a significant spike in the rate of foreclosures being filed in Maryland. After speaking with Baltimore City's Foreclosure Auditor, James Wiggins, since December 26, 2013, an approximate 4,000 foreclosure cases have been filed in the Baltimore City jurisdiction alone - that accounts for more cases filed in Baltimore City than were filed for all of 2013! Wiggins expects that, at a minimum, an additional 5,000 foreclosure cases will be filed in Baltimore City this coming year in 2014. Although the numbers seem high, when taken into consideration that there has been an almost negligible foreclosure caseload in the city over the past several years, the uptick in filings doesn't surprise anyone who has been monitoring this situation.

Compensation Fund Being Set Up for NECC Fungal Meningitis Victims

A Creditors' Committee created as part of bankruptcy proceedings initiated by the New England Compounding Center (NECC) and its principals responsible for injuries and death related to a tainted injectable medication has established a $100 million fund to pay those who suffered injuries or death from exposure to a fungus causing some to develop a rare form of meningitis. Monetary contributions and commitments for the settlement fund have come multiples sources, including the company's owners and various insurance companies.

Court Tackles Question of Future Wages and Medical Expenses for Undocumented Aliens Involved in Auto Accident

Crashed blue van.jpgThe Maryland Court of Special Appeals in Ayala v. Lee has addressed a long-standing question over whether a plaintiff's illegal immigration status can be raised by defense counsel at a trial involving claims for personal injury where future lost wages and future medical expenses are claimed by a plaintiff. The court ruled that in certain limited circumstances, one's illegal status may be relevant and admissible, but that the trial judge must first weigh the potential prejudice of the line of questioning proposed against the probative value of allowing a jury to hear such evidence. The appellate court's opinion provides important guidance to future litigants, attorneys, and judges on an issue that is arising more regularly in civil trials.

Medmal Lawsuit Dismissed by Court for Deficient Certificate Must Start Again in Administrative Agency

Thumbnail image for Hospital.jpgWhen a lawsuit alleging medical malpractice is dismissed for failure to comply with one of the requirements -- the certificate of qualified expert -- the procedural requirements of the law governing medical malpractice in Maryland must be met. In this instance, the decision by Maryland's Court of Special Appeals means that a lawsuit where the court found the certificate to be deficient must go all the way back to the administrative agency where such claims must be first be filed, rather than get another filing in trial court.

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