Court of Special Appeals of Maryland Archives - Workers' Compensation Defense

November 11, 2019 Maryland

Maryland Court of Appeals Holds That for Occupational Diseases, It’s About the Whole Picture

In a recently reported opinion, the Maryland Court of Appeals held that the Circuit Court for Baltimore County did not abuse its discretion in finding that the claimant, an employee of Baltimore County, had degenerative meniscal tears classifiable as an occupational disease arising out of and in the course of his employment. Baltimore County. v. Quinlan, 215 A.3d 282 (Md. 2019).

In October 2015, the claimant filed a claim against Baltimore County with the Maryland Workers’ Compensation Commission, asserting that he had developed meniscal …

It’s All About the Money — Recent Developments Regarding the Calculation of Claimant’s Average Weekly Wage

Recently, the Court of Special Appeals of Maryland (CSA) weighed in on the calculation of claimant’s average weekly wage when an employee, hired for full-time employment, involuntarily worked in a part-time capacity in the weeks leading up to his accidental injury. In Richard Beavers Construction, Inc., et al. v. Wagstaff, 2018 WL 1129655 (2018), the CSA held that the Workers’ Compensation Commission properly determined a claimant’s average weekly wage based on the claimant’s anticipated 40 hour work week rather than using the six weeks …