It'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.
Maximum medical improvement is an important concept in workers' compensation cases. Maximum medical improvement (MMI) occurs when an injured employee has reached the maximum benefit that can be obtained from medical care. At that point, a doctor can evaluate any lingering impairment to determine the extent of the permanent injury to the employee's body.
When a worker in Maryland suffers an accidental injury that results in a permanent partial disability, his or her award is expressed by a number of dollars per week for a fixed number of weeks. But, how is the employer to be credited for what has been paid when the award is increased or decreased on appeal - that's the question recently answered by Maryland's Court of Special Appeals.
An employee's firing does not bar workers' compensation benefits if the claimant's evidence demonstrates that his or her disability caused the subsequent inability to find work, the Court of Special Appeals has ruled. The court's ruling stems from a lawsuit involving an injured worker receiving benefits who was fired after his assertion that he had not worked for a business he owned on the side was contradicted by video surveillance.
There are several bills dealing with workers' compensation matters in the General Assembly this year. A bill that would allow commission decisions to be emailed and a bill that would expand punishment for employers who retaliate against workers who file workers' compensation claims are making the rounds in Annapolis.
One of the scourges of the modern-day world is mold and the impact of exposure upon our health. In a recent court case, Maryland's Court of Special Appeals decided that a doctor's opinion that exposure to mold led to a raft of problems for workers in a water-damaged building was not scientifically valid under the standard presently used in the Maryland court system.
Pro footballers and workers' compensation claims were on the mind of the Court of Appeals in August. The state's top court released two decisions, two days apart, favoring claims made by two former Washington Redskins players.