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 …

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Maryland Legislature Says “Yea” To Additional Medical Presumptions, “Nay” To Medical Cannabis Reform in Workers’ Compensation Cases

The 2019 Maryland legislative session only produced one substantive law change that impacts the Maryland Workers’ Compensation framework. Additionally, two bills that did not get passed also sent conspicuous messages to practitioners within the bar.

The lone bill implicating Maryland Workers’ Compensation that was passed into Law is House Bill 595, which was approved by Governor Larry Hogan on April 30, 2019. The bill serves as an amendment to Labor & Employment Article Section 9-503 which addresses medical presumptions in workers’ compensation cases. Specifically, the …

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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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