What We Think
Legislation Unleashed: Navigating the Latest Amendments to the Maryland Workers’ Compensation Act
Legislation Unleased: Navigating the Latest Amendments to the Maryland Workers’ Compensation Act
A Few Things in Life Are Certain: Death, Taxes, and Child Support
Maryland clarifies garnishment of workers’ compensation benefits for child support.
You Can't Always Get What You Want, But You Get What You Need. Maryland Legislators Narrow the Definition of Similar Benefits Under LE §9-610
You Can't Always Get What You Want, But You Get What You Need. Maryland Legislators Narrow the Definition of Similar Benefits Under LE §9-610
Hernia Injuries in Maryland Set to Become Compensable as Occupational Diseases on October 1, 2023
Hernia Injuries in Maryland Set to Become Compensable as Occupational Diseases on October 1, 2023
Virginia Court of Appeals rules “Good Faith Exception” does not apply in Virginia Workers’ Compensation Claims
Virginia Court of Appeals rules “Good Faith Exception” does not apply in Virginia Workers’ Compensation Claims
Inflation Causes Significant Increase in Maryland Annual Cost of Living Adjustment (COLA) from Previous Year
In Maryland, permanent total disability Award payments are subject to an annual cost of living adjustment (COLA). The purpose of COLA is to protect against the erosion of benefits due to inflation.
“Definite proof” is not a Standard of Proof according to Maryland Court of Special Appeals
“Definite proof” is not a Standard of Proof according to Maryland Court of Special Appeals
Inflation Hits Cost of Living Adjustment (COLA) in Virginia
Each year, millions of individuals eligible for social security benefits receive a cost of living adjustment (COLA). This COLA is to ensure that income benefits aren’t eroded by inflation. The annual change in COLA is determined by the Consumer Price Index (CPI-W).
Double Dipping—Still a Faux Pas
Service-connected total disability retirement benefits and permanent partial disability benefits are considered “similar benefits” and thus subject to the offset provision of Md. Code Labor and Employment Article § 9-610.
Teamwork Makes the Dream Work
Small businesses and staffing agencies often use a professional employer organization (PEO) for workers’ compensation coverage, along with other general human resource outsourcing.
Is Tinnitus an Ordinary Occupational Disease or Occupational Deafness?
“Everyone seeks damages and everyone agrees
That these are classic symptoms of a monetary squeeze”[1]
Tinnitus is a ringing of the ears. Keep this in mind if you decide to listen to the above-referenced song by 1970’s British rock band, Dire Straits. This same song is referenced in the beginning of the Court of Special Appeals opinion in the case of Montgomery County v. Cochran, 243 Md. App. 102 (2019).
Additional Hurdles to Closed-Medical Settlements—Updated Guidance from Centers for Medicare & Medicaid Services May Limit the Use of Evidence-Based Medicare Set-Aside Products
Additional Hurdles to Closed-Medical Settlements – Updated Guidance from Centers for Medicare & Medicaid Services May Limit the Use of Evidence-Based Medicare Set-Aside Products
Water Always Finds Its Level: The Maryland Workers’ Compensation Commission Publishes 2022 Rates
2022 will bring a market correction to the State average weekly wage and, ultimately, benefits due and owing to claimants.
Maryland’s Court of Special Appeals Says No to Double Dipping with the Same Employer
In the case of Patrick Spevack v. Montgomery County, Maryland, No. No. 893, September Term, 2020, Mr. Spevack asked the Court to allow him the full value of his service-connected retirement disability benefits in addition to the full value of his permanent partial disability benefits awarded by the Workers’ Compensation Commission.
Virginia Legislature Enacts COVID-19 Presumptions for Health Care Providers and Emergency Personnel
Virginia has passed COVID-19 presumption legislation that affects health care providers and emergency personnel. Under this new legislation, there are different requirements and exceptions based on the category the employee falls into.
Maryland’s Court of Special Appeals Reinforces the Discretion Granted to the Workers’ Compensation Commission
In an opinion recently released by the Court of Special Appeals of Maryland, the Court has held that a refusal by the Workers' Compensation Commission to reopen a claim pursuant to Claimant’s request is not subject to judicial review.
The Waiting is the Hardest Part; No Resolution in Proposed COVID-19 Legislation in Maryland
In response to the COVID-19 pandemic, Maryland lawmakers drafted several proposed bills addressing presumptions for workers in specified industries who are diagnosed with COVID-19. However, with the General Assembly Session recently concluded, the workers’ compensation community will have no answers on these potential presumptions until at least 2022.
Employer Prevails in Gig Economy Claim by Proving Worker's Independent Contractor Status
The Maryland Workers’ Compensation Commission recently sided with the employer and insurer on a “Gig Economy” case in a significant victory for Tarpine, Heller & Pendergrass and its client.
A Fresh Approach
We are very pleased to announce the opening of Tarpine, Heller & Pendergrass, LLC.