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

May 2013 Archives

Debt Collector Successfully Argues that Wrong Address was a Mistake

Business Reply Mail.jpgA debt collector that once saw thousands of cases thrown out of the Maryland court system for not being licensed by the state was successful recently in fending off charges when it used the address of the parent company that wasn't licensed in the Free State to sue Maryland residents. The United States District Court for the District of Maryland dismissed a lawsuit brought against Midland Funding, ruling that the plaintiffs had failed to state a plausible claim for recovery under the legal theories they used.

Criminal Convictions for Maryland Cardiologist Upheld on Appeal

Operating Doctors.jpgA federal appeals court has upheld the criminal convictions of a Maryland cardiologist accused of implanting unnecessary stents in patients. The United States Court of Appeals for the Fourth Circuit rejected John McLean's claims that there wasn't enough evidence to convict him of several counts of healthcare fraud.

Worker's Firing Does Not Bar Workers' Compensation Benefits

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.

Company Faced with Million Dollar Judgment Because of Insurer's Failure to Obey Court Order Wins on Appeal

Gavel.jpgA Maryland appeals court recently reversed a decision against a company hit with a million dollar judgment because of the actions of its insurer. The case began with a family finding that its home had been contaminated with gasoline leaking from an underground storage tank.

Motor Vehicle Bills Passed into Law

Maryland Statehouse Sign.jpgSixty-eight insurance bills were introduced in the 2013 session of Maryland's General Assembly. Eighteen of the bills dealt with motor vehicle insurance issues, only a few survived the legislative gauntlet to become law. These are the motor vehicle bills that passed this years' session:

Defects in the Certificate Needed to File a Medical Malpractice Case Can Be Cured by Later Testimony

Aid box.jpgThe Court of Special Appeals just recently issued a decision in an important case involving an allegedly defective certificate of qualified expert. David A. Barnes et al. v. Greater Baltimore Medical Center, Inc. et al. is another twist in the interpretation of the certificate requirement of the Healthcare Malpractice Claims Act.

Appeals Court Rejects Argument that Statute of Limitations Should Have Been Extended in Insurance Case

Opened law book on desk.jpgIn a strongly worded opinion, Maryland's Court of Special Appeals has rejected the notion of expanding the amount of time for filing a civil claim. Maryland courts will not recognize an exception to the Statute of Limitations without action from the legislature, the state's intermediate appellate court has declared in Samuel Antar et al v. The Mike Egan Insurance Agency, Inc. et al.

Reimbursement for Medical Monitoring Costs Now Allowed in Maryland

Medical Monitor.jpgMaryland's top court recently determined for the first time that damages can be awarded for the costs of medical monitoring when a plaintiff has been exposed to a toxic substance by a defendant's tortious act. Recovering for medical monitoring costs help enforce the common law principle that a defendant must compensate a plaintiff fully for past or present injuries caused by the defendant's conduct, the court noted.

Maryland Legislature Takes Action on Several Workers' Compensation Bills

Maryland State House-thumb-250x190-64354.jpgThe General Assembly has taken action on several Workers' Compensation bills in this year's session. Twenty-five bills dealing with Workers' Compensation matters were introduced. The bill calling for Commission decisions to be emailed will become law while another piece of proposed legislation -- that would expand punishment for employers who retaliate against workers who file workers' compensation claims -- has been referred for study. Many other bills probably won't make it out of this year's session.

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