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

July 2013 Archives

Workers Compensation Information

When an injury occurs at work, an insurance company may pay your medical bills or lost time without aworkers' compensation claim having been filed with the Workers' Compensation Commission. Therefore, the question that is frequently asked, is why should an injured worker file a claim with the Workers' Compensation Commission. The answer to this question lies more in the future then the present.

Dems Introduce Bill to Eliminate Mandatory Arbitration

Meeting stylized figures.jpgTwo Democratic Congressmen have introduced a bill that would abolish mandatory arbitration. The "Arbitration Fairness Act" act would get rid of the forced arbitration clauses found in almost every credit card, employment and consumer agreement and would protect the right of consumers and workers to have their case heard in court.

Preexisting Condition Does Not Disqualify Baltimore City Employees Seeking Line-of-Duty Disability

A Baltimore City employee is not precluded from qualifying for line-of-duty disability if he or she has a preexisting medical or physical condition that contributes to his or her disability, according to a recent decision by Maryland's top court.

Mortgage Modification Lawsuit Headed Back to State Court

Dollar signs coming from chimney.jpgA lawsuit alleging that two nationwide lenders violated Maryland law during a families' attempt to obtain a loan modification is headed back to state court. Brett Kelly and Patricia Borden Kelly were successful in fighting off Bank of America (BOA) and Wells Fargo's attempt to put the case in a federal forum.

Court Declines to Dismiss Medical Malpractice Lawsuit over Allegations of Unnecessary Heart Surgeries

Heart organ on a stand.jpgA Maryland court has refused to throw out a medical malpractice lawsuit brought by a couple who were told by a local hospital that the husband's multiple stent surgeries were necessary and then, who received a letter from the Department of Justice - which was investigating the doctor for criminal healthcare fraud - telling the man that the surgeries were not necessary.

Expert Witness Not Needed to Prove Back Injury after Multi-Vehicle Truck Accident on Baltimore Highway

Truck accident.jpgA magistrate judge's ruling that expert testimony was needed to show that a truck driver's back injury was caused by a five-vehicle crash on a highway near Baltimore was a mistake, according to a recent ruling by a federal appellate court.

Court Rejects Employer's Theory for Payment Credit in Workers' Comp Awards That Are Increased on Appeal

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.

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