You Can’t Have Your Cake and Eat it Too — Maryland Court Interprets Controversial Phrase “Similar Benefits” and its Effect on Disability Pension Offsets

In Zakwieia v. Baltimore County, Board of Education, 231 Md. App. 644 (2017), the Court of Special Appeals of Maryland established the correct interpretation of LE § 9-610 and the controversial phrase “similar benefits.” As a result, the court’s holding provided a basis for the Board of Education of Baltimore County (the Board) to apply ordinary disability retirement benefits owed to the claimant as a credit against the claimant’s workers’ compensation benefits. Following a December 13, 2007 accidental injury, the
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Is That Offer Bona Fide?

Did you know that a voluntary offer to settle a workers’ compensation claim in New Jersey must meet three specific criteria to comply with state law? The offer must meet the 26-week rule — this means the offer must be made within 26 weeks of the last active treatment or return to work, whichever is later. The letter to the petitioner must explain the weekly payments are meant to be a bona fide offer of permanent disability. The start and
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Lessons from Daniel

On August 2, 2016, the Appellate Division upheld a Judge of Compensation’s denial of a petitioner’s motion for medical treatment and temporary disability benefits. In upholding the Division’s decision, the Appellate Division agreed that the petitioner had not met his burden of proof that the need for surgery arose from and was causally connected with the same trauma complained of in the original claim petition. Daniel v. United Arlines, No. A-1252-14T3 (App. Div. August 2016). The petitioner in Daniel sustained
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