Maryland Workers' Compensation Benefits for Second Injury Denied

A recent Maryland Court of Special Appeals opinion narrows the scope of recovery for subsequent injuries in workers' compensation cases.

2012-11-30

November 30, 2012 (Press-News.org) A recent Maryland Court of Special Appeals opinion narrows the scope of recovery for subsequent injuries in workers' compensation cases.

In Washington Metropolitan Area Transit Authority v. Williams, the appellate court held that for a worker to recover under Maryland workers' compensation law from a second, subsequent injury, the second injury has to be directly related to the first injury.

The Facts of the Case

In April 2008, a mechanic for Washington Metropolitan Area Transit Authority, or WMATA, injured his back and left knee while working on the job. The mechanic engaged in physical therapy to rehabilitate from the injuries, including a recommended work-hardening program -- an intensive form of physical therapy. On the second to last day of the work-hardening program, the mechanic walked to his car in the parking lot to eat lunch. When returning to the physical-therapy building, he was hit by a car in the parking lot. The mechanic injured his right knee in the accident and requested workers' compensation benefits.

The question presented to the Maryland court: Is the mechanic's second knee injury covered by workers' compensation?

The worker argued that his second, subsequent injury should be covered by workers' compensation benefits because "but for" his first injury, he would never have been in the parking lot of the rehabilitation clinic and would not have sustained the second injury. The WMATA argued that there was not a direct causal connection between the first and the second injury and therefore the second injury was not compensable.

The Court's Decision

The appellate court agreed with the WMATA and found that there was not a sufficient connection between the first and second injury. The legal standard is not a "but for" test, but rather "a direct causal connection between the original accidental injury and the subsequent injury" must be shown. Applying this standard to the facts, the court found that the mechanic's second injury to his right knee was caused by a negligent driver and not by the first injury to his back and other knee.

Do You Need a Workers' Compensation Lawyer?

Workers' compensation laws are complex. If you have been injured on the job, contact an experienced workers' compensation attorney to protect your rights and to fight for the compensation you deserve to recover from your injuries.

Article provided by Cohen, Snyder, Eisenberg & Katzenberg, P.A.
Visit us at www.coseklaw.com

ELSE PRESS RELEASES FROM THIS DATE:

Dram Shop Case Filed Against Florida Law School in Drunk Driving Wreck

2012-11-30

It's not unheard of for a bar, tavern or nightclub to face lawsuits after an over served patron causes a car accident. But a law school facing dram shop liability? That brings a whole new twist to the standard Florida dram shop case. Was law student knowingly over served alcohol at the "Barrister's Ball"? In early 2012, St. Thomas University in southeast Florida hosted an event known as the "Barrister's Ball." The Barrister's Ball is St. Thomas University's conception of law prom, a common social event held at law schools across the country. While ...

Common Bankruptcy Errors

2012-11-30

Filing for bankruptcy is a complex process with specific rules that must be followed. Failure to follow the rules may cause a bankruptcy petition to be dismissed. When a case is dismissed, the debts are not discharged and the filer is back where he or she started - dealing with creditors, wage garnishment and financial anxiety. Avoiding dismissal of your bankruptcy petition A bankruptcy dismissal occurs if you fail to meet the requirements of the court. Some of the most common mistakes people make include: - Failure to participate in pre-bankruptcy credit counseling: ...

Debt Collectors Illegally Trying to Collect on Fake Debts

2012-11-30

Some credit card companies have recently been accused of sending incorrect bills to consumers. The bills may be larger than what consumers actually owe. In some cases, consumers have actually received bills when they did not owe anything at all. The problem seems widespread, with consumers receiving incorrect bills from American Express, Citigroup and others. Attempts to collect fake debt violate the Fair Debt Collection Practices Act. Experts think this illegal collection process is occurring because banks sell bad loans to collection companies. These collection ...

New York Estate Planning: What is a QTIP Trust?

2012-11-30

The term "QTIP" is shorthand for qualified-terminable-interest-property trust, a legal vehicle used through which property of one spouse can provide lifetime income to the other, usually after the death of the first spouse, with significant tax advantages. QTIPs make sense for married people of substantial wealth who would otherwise be subject to estate taxes. QTIPs are often used in a second or subsequent marriage when a husband or wife wants to provide income for his or her spouse until death, but then would like that property to pass to children from a previous ...

$2.4 Million for Family of Sacramento Bus-Pedestrian Accident Victim

2012-11-30

On a January evening in 2008, 49-year-old secretary Joyce Ann Jacobs was run over and killed by a public bus in Sacramento, California. Almost five years later, in early November 2012, a Sacramento Superior Court jury saw fit to award her child and husband more than $2.4 million in damages for her wrongful death. Jacobs was a church musician, a foster mother and a community volunteer. Her husband, a Sacramento pastor, was awarded $2 million "in noneconomic damages for the loss of his wife's love and consortium," meaning companionship and affection. He also ...

Understanding How to Keep Your Home in Los Angeles After Bankruptcy

2012-11-30

When debts have become unmanageable, filing for bankruptcy protection may be the best option. It is an effective way for people to get back on their feet, because it offers a debt relief over a shorter time period than debt consolidation plans. It is often especially attractive to homeowners because eliminating other debt often frees up the funds necessary to keep the family home. It is important for homeowners to understand how bankruptcy impacts home ownership. Some homeowners may not realize that a lender can foreclose on a home even after the owner has filed for ...

New California Employment Laws Will Go Into Effect Soon

2012-11-30

California workers gained some protections in this year's legislative session. While not as many employment-related bills became law this year as the previous year, about 18 new laws will be taking effect. Social media privacy Perhaps the most publicized new law constrains employers from asking employees for password access to personal social media accounts, under most circumstances. The central issue is privacy. Counting California, only three states have such a law. Some have criticized the legislation, saying that there is really no need for the law, because ...

Distracted Driving in Texas: Teens Call For Stricter Laws

2012-11-30

After a person is injured in a motor vehicle accident, the first task is to secure medical treatment for immediately apparent injuries and diagnose the full extent of other problems such as back injuries and head injuries. Next, an injury victim may benefit from discussing the wreck with a personal injury lawyer to assess the reasons why the car accident happened. One cause of car and truck accidents that has received increasing attention over the past decade is distracted driving. While Texas has lagged somewhat behind other states in passing statewide cell phone and ...

Federal Government Offering Big Rewards to Financial Whistleblowers

2012-11-30

In the wake of the financial crisis, disturbing stories started to emerge about fraud and misconduct at some of the nation's largest financial institutions. For the most part, these abuses were brought to light by brave employees who had the courage to report inappropriate behavior to federal authorities. These so-called whistleblower claims are a very important part of the U.S. justice system. Often, employees are in a much better place to detect misconduct than law enforcement officials or regulators are. Of course, bringing a whistleblower claim has its risks: ...

Enforcement of Child Support in Florida

2012-11-30

Children, although as wonderful as they may be, can often be expensive. Supporting a child on two incomes is difficult enough. However, when parents are divorced or never married, supporting children on one income can sometimes seem almost impossible. To help mitigate these effects, a system called child support was created. Child support is a payment made by the non-custodial parent to help with the daily expenses of raising a child. It is becoming more and more common that these payments are being avoided by the non-custodial parent, and custodial parents need to take ...

Maryland Workers' Compensation Benefits for Second Injury Denied

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: