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 …

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The Law Is Fickle – Maryland Court of Appeals Clarifies Zakwieia, the Phrase “Similar Benefits,” and its Effect on Disability Offsets

Recently, the Court of Special Appeals of Maryland (CSA) held that the phrase “similar benefits,” found within LE §9-610, examined whether an employee’s ordinary disability benefits provided a similar wage loss benefit to the employee’s workers’ compensation benefits. Zakwieia v. Baltimore County, Board of Education, 231 Md. App. 644 (2017). The practice of law is fast-paced and waits for no one. In Reger v. Washington County Board of Education, et al., 2017 WL 3317892 (publication pending), the Maryland Court of Appeals (COA) has …

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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 claimant filed a claim …

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