Verbal Threshold Does Not Bar Employers’ Subrogation

Section 40 of the New Jersey workers’ compensation statute allows employers or workers’ compensation carriers to automatically receive reimbursement of benefits paid to an injured worker from a third party tortfeasor – either directly from the tortfeasor, or from an award received by the injured worker in a third party claim. But what happens when an injured worker is barred from suing the third party tortfeasor? Can the employer or
Continue reading...

Maryland Courts Affirm that the Average Weekly Wage Will Not be Liberally Construed

The Maryland Workers’ Compensation Act is to be liberally construed in favor of the claimant. However, there are boundaries, one of which is the computation of a claimant’s average weekly wage as the Court of Special Appeals articulated in Stine v. Montgomery County, 237 Md.App. 374 (2018). In Stine, the claimant was working as a volunteer emergency medical technician (EMT) for Montgomery County while studying as a nursing student. On
Continue reading...