Maryland’s Second Highest Court Finds Despite Full and Final Settlement, Death is Only the Beginning

In a hot-off-the-press opinion, Maryland’s Court of Special Appeals has held that language within an agreement of final compromise and settlement releasing an employer/insurer from all future claims could not bar a spouse’s claims to death benefits in a workers’ compensation claim.[i]

On June 13, 2012, Bernard Collins (the decedent) filed a workers’ compensation claim against Huntingtown Volunteer Fire Department, and two of its insurers, Chesapeake Employers Insurance Company and Selective Insurance Company of America, seeking an occupational disease claim for heart disease and …

Continue Reading

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 …

Continue Reading