Baltimore Comp Lawyer Blog

Posts in Compensability

Applying Principles of Statutory Construction to Wrist and Ankle Injuries

This article aims to clarify a growing misconception amongst Maryland practitioners that wrist and ankle injuries are required to be treated as hand and foot injuries for purposes of permanent partial disability (“PPD”).  As will be argued, the correct reading of the Maryland Workers’ Compensation Act (“the Act”) reflects that Workers’ Compensation Commissioners are vested […]Continue Reading

Combining scheduled and non-scheduled losses that arise out of a single accidental injury

The following is a brief synopsis of the Maryland Court of Appeals’ decision in Montgomery County v. Robinson, 435 Md. 62 (2013). Scheduled and Non-Scheduled Losses There are four general types of workers’ compensation disability benefits: temporary total and temporary partial, as well as permanent total and permanent partial.  The Act provides directives for calculating […]Continue Reading

‘Going & Coming’—the Rule and the Exceptions

In Maryland, operation of the Going & Coming Rule precludes workers’ compensation for employees who are injured while traveling to and from work.  The rationale for this rule is that employees ordinarily do not further their employer’s interests during their commute, nor do they face any greater risk of harm than other members of society […]Continue Reading

What is a Compensable Injury Under the Workers’ Compensation Act?

The Workers’ Compensation Act provides for disability benefits in Maryland. To qualify for such an award, a claimant must be a “covered employee” who incurs a qualifying disability, either by way of an accidental injury or occupational disease.  L&E § 9-101. 9-101(b)(1) of the Labor and Employment Article (“L&E”) defines an “accidental personal injury.” In order […]Continue Reading

Does the Positional-Risk Test trump the Going and Coming Rule?

In Maryland, covered employees are entitled to compensation for injuries that arise out of and in the course of employment, with limited exception. One such exception is the Going and Coming Rule, a hallmark of MD comp law. The Rule generally precludes compensation for injuries incurred while an employee is traveling to and from work. […]Continue Reading