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Workers' Compensation Blog

Victory for Montgomery County Police Officer

Thursday, February 09, 2017

After a two-day jury trial, Attorney Matthew Engler won a case for a Montgomery County police officer who seriously injured his knee at work and thereafter required a knee replacement. The officer had several prior injuries to the same knee, some work-related and some not; however, Attorney Engler was able to persuade the jury that the latest injury, which was a work-injury, had so aggravated his knee condition and so accelerated the need for a knee replacement that his Employer (the County) was legally responsible for the surgery.The two-day trial involved the exhaustive expert testimony of two orthopedic surgeons as the County argued, unsuccessfully, that the knee replacement was due entirely to the pre-existing knee condition.

In order to be covered by workers’ compensation, medical treatment has to be: (1) reasonable, (2) necessary, and (3) causally-related, at least in part, to the work-injury. The third element, causal relationship, is the most heavily litigated of the three. However, it is the long-established law of Maryland that the presence of a pre-existing condition does not bar workers’ compensation benefits. In fact, “[i]f the accidental injury has accelerated or aggravated an existing disease or infirmity, the claimant is entitled to disability.”Reeves Motor Co. v. Reeves, 204 Md. 576, 582 (1954). Therefore, even if an injured worker would have required a particular treatment in the unspecified future, a work-injury could accelerate the need for that treatment to such an extent that the treatment is causally-related to the work-injury and, therefore, covered by workers’ compensation.

If you have any questions regarding a work-injury or work-related illness, do not hesitate to speak to an attorney and learn your rights. Attorney Matthew Engler stands ready to assist you and offers free consultations for all injured workers. Contact him at 301-740-3322 or mengler@bsgfdlaw.com.

Personal Injuries That Result from Boating Accidents

Wednesday, January 18, 2017

Kenneth Berman recently filed a wrongful death claim in a case involving individuals that suffered fatal injuries after the boat they were on capsized in the Atlantic Ocean. During this incident, several individuals set out in a passenger vessel for a recreational fishing trip. Weather was rough and the ocean conditions were unpredictable. A large wave struck the side of the boat and it began filling with water. The boat unexpectedly capsized, trapping 2 individuals in the cabin.Tragically, neither were able to escape and both drowned.

Under the Death on the High Seas Act, 46 U.S.C. § 761, et seq., Kenneth Berman is arguing that the owner and operator failed to maintain proper and safe control of the boat, failed to provide a seaworthy vessel for his passengers, and also failed to ensure his passengers wore the proper safety devices. Maritime law is unlike any other personal injury law and to argue a case successfully requires extensive knowledge and expertise.If you have questions about boating accidents, contact Kenneth Berman of Berman, Sobin, Gross, Feldman & Darby, LLP who will continue to fight for the rights of the injured.


Victory for Injured School Bus Driver

Friday, December 02, 2016

In a case of first impression Ken Berman won a case for a bus driver who developed a problem with her tailbone due to many years of bus driving. A school bus driver developed a condition known as Coccydynia- inflammation of the tailbone which causes pain and tenderness. It forced the worker to be off of work for several periods of time and resulted in the driver having to undergo surgery on her tailbone.

Mr. Berman argued that it was caused by the daily bumping up and down in the uncomfortable driver seats on many of the busses. The Employer (municipality) strongly contested the case, arguing that the condition was due to other things, including the Claimant having undergone a bariatric weight loss surgery. Mr. Berman introduced photographs of the bus seats, elicited testimony from other drivers, and presented medical testimony from physicians relating the condition of the Claimant to her job.

The Claimant will be entitled to reimbursement of medical bills, lost time reimbursement, future medical treatment, and permanent disability for problems that she will have.

If you have a condition that you believe is caused or aggravated by work, contact the attorneys who specialize in forging new theories of the law and expanding the medical principles that apply to law cases. You can reach Berman, Sobin, Gross, Feldman & Darby at 1-800-827- 2667 (COMP) or bemanandarby.com.

 


MSEA Conference Winner

Tuesday, November 01, 2016

We would like to thank everyone who attended the recent MSEA conference, and, those who stopped by our booth to visit and enter our raffle. 

We would like to congratulate our MSEA Fitbit Raffle winner from Middletown High School in Frederick County!!  Way to go!

DECISIVE VICTORY FOR 911 DISPATCHER INJURED IN MOTOR VEHICLE COLLISION OUTSIDE WORK

Tuesday, October 11, 2016

911 dispatchers are our first line of defense in times of emergency.  Sometimes they are called upon to perform special training and can be injured when traveling to and from this training.  Ken Berman, Natalie Whittingham and Berman, Sobin, Gross, Feldman & Darby LLP protected the rights of a long time 911 dispatcher who was injured in a motor vehicle collision near his place of work, while traveling to a mandatory training meeting.  The Maryland Workers’ Compensation Commission had found that the Claimant, who was “T-boned” by a truck, sustained an accidental injury as a result of and within the scope of his employment, notwithstanding that he had not yet physically checked in to work.  After the Claimant won before the commission, the employer attempted to overturn this Order by filing an appeal and filing a dispositive motion.  Ken and Natalie defeated this motion and preserved the claim of the injured worker.

Exceptions to The “Going and Coming” Rule

Ordinarily, injuries suffered while an employee is going to or coming from work (known as the “going and coming” rule), are not covered under workers’ compensation law.  However, there are many, many exceptions to this rule.  For example, injured workers who are “on duty” at the time of the accident, are in Employer’s vehicle, or on a “special errand or mission” at the request of the employer are covered and not barred by the “going and coming” rule.  Ken and Natalie were able to protect the rights of the Claimant in this case by successfully arguing that the Claimant was traveling to attend a “special errand/mission", a mandatory staff meeting. Therefore, this case fell into an exception to the “going and coming” rule because the public safety employee was on his way to attend a monthly mandatory staff meeting, even though it was before his regular work hours given that it was with the consent of his employer. Therefore, he was on a “special errand”.

What this Means for Injured Workers

This case is the perfect example of why injured workers need an attorney with experience in workers’ compensation law. The “going and coming” rule, and the many exceptions that apply to that rule, is a complicated issue.Injured workers who are involved in accidents while traveling to or from work may still be protected, despite the “going and coming” rule.  Whether a claim falls under one of the exceptions requires a detailed review of the law and the facts of each case.The attorneys at Berman, Sobin, Gross, Feldman and Darby LLP are equipped with the expertise to navigate this area of law and protect the rights of injured workers, like Ken and Natalie protected the Claimant in this case.If you are injured at work, contact Ken Berman, Esq. at (301) 740-3300 or Natalie E. Whittingham, Esq. at (301) 670-6546.

Why Should I File A Claim With The Workers’ Compensation Commission If My Employer’s Insurance Is Already Paying For My Doctor?

Tuesday, October 04, 2016

Attention Injured Workers! There is a huge difference between filing a workers’ compensation claim with the Workers’ Compensation Commission and your employer’s insurance company. Many injured workers do not realize this and may miss out on all the other benefits entitled to them under the law if they had only filed their claim with the Commission. The benefits that you may miss out on include:

 
- ONLY by filing a claim with the Commission do you have access to lifetime medical coverage for your injury, with NO copays;
- ONLY by filing a claim with the Commission do you have access to compensation for permanent impairment suffered from your injury, even if you return to work or it is only a scar;
- ONLY by filing a claim with the Commission do you have access to vocational rehabilitation services if your injury prevents you from returning to your prior job;
- ONLY by filing a claim with the Commission can you fight your employer’s insurance company when they deny medical treatment or compensation for lost wages;
- And much more…
 
Additionally, there is no cost or fee associated with filing a claim either. You normally must file within two years of the date of injury, so time is often of the essence. Do not be subject to the whims of your employer’s insurance company: take charge of your recovery and contact Attorney Matthew Engler today for a free consultation.

 

Why Workers Compensation’ For Police Is More Important Than Ever Before

Tuesday, October 04, 2016

Police officers are not only covered for accidental injuries arising out of and in the course of their employment, but they are also covered for occupational diseases arising from the unique hazards of their employment such as heart disease, hypertension, and hearing loss. Maryland law presumes that the heart disease or hypertension developed from the officer’s stressful employment. This presumption is based upon medical evidence that police officers, due to their many pressures and responsibilities, have a greater risk of heart disease and hypertension than the general public.

When choosing a workers' compensation attorney, it is important to go with an attorney who, “backs the blue.” Attorney Matthew Engler, a former Maryland State’s Attorney, now practices workers’ compensation with BSGFD and devotes his attention to the needs of Maryland police officers. From his experience as a prosecutor, he knows how difficult policing is today and fully appreciates the sacrifices made every day by our men and women in blue. Contact Attorney Matthew Engler today for a free consultation.

Why should I file a Workers’ Compensation Claim if my Employer’s insurance is already covering my medical bills?

Friday, September 23, 2016

There is a BIG difference between filing a claim with the Workers’ Compensation Commission and filing a claim with your employer’s insurance policy. As Attorney Al Gross discussed in his recent blog post, submitting a “First Report of Injury” or other worksheet to your employer or employer’s insurance is NOT the same thing as filing a claim with the Workers’ Compensation Commission. The difference between the two is huge and your employer’s insurance company has no obligation to tell you what they are.

When a claim is filed with the Maryland Workers’ Compensation Commission, many rights and benefits are secured under Maryland law, including but not limited to:

  1. Lifetime medical benefits for all treatment that is reasonable, necessary and causally-related to your work-injury;
  2. Awards that compensate you financially for any permanent disability you may have as a result of your work-injury;
  3. Vocational rehabilitation benefits if, because of your injury, you are no longer able to perform your prior job duties because you are under permanent work restrictions;
  4. Reopening your case for additional monetary benefits if your condition worsens Depending on your case, there are other benefits which may apply to you. In order to better understand the Workers’ Compensation law of Maryland and your status, contact Attorney Matthew Engler for a free consultation.

Depending on your case, there are other benefits which may apply to you. In order to better understand the Workers’ Compensation law of Maryland and your status, contact Attorney Matthew Engler for a free consultation.

Thank You To Our Wonderful Clients!

Friday, September 23, 2016

At Berman, Sobin, Gross, Feldman & Darby LLP we love happy clients! Recently, we received two testimonials from happy clients who shared their experience with our fans and followers on Facebook.

We truly appreciate all of our clients and want to thank Rick Hoffman and Augie Pierson for taking the time to share their experiences with our firm and for being our clients.

Rick Hoffman – President of Local 734 Baltimore Firefighters

Augie Pierson

I injured myself at work – why did my employer’s insurance deny my claim?

Friday, September 23, 2016

Simply getting injured at work doesn’t guarantee you any benefits or rights under the law, unless you file an accepted claim with the Workers’ Compensation Commission. Many injured workers only file paperwork with their employer or employer’s insurance company without ever realizing that this is NOT the same thing as a workers’ compensation claim. When you proceed in this manner, it is a private transaction between you and your employer’s insurance. Unfortunately, in countless instances, the insurance company will deny medical coverage and disability payments leaving the injured worker on their own without any help and without any options.

Secure Your Rights and Benefits

However, when you file a claim with the Workers’ Compensation Commission, not only do you secure all the rights and benefits guaranteed under the law , but you also secure the right to present your case to a Commissioner who has the authority to order your employer’s insurance to pay for treatment and disability payments, even when they initially denied it. The Workers’ Compensation Commission was established specifically to litigate injured worker claims and to ensure compliance with the workers’ compensation laws of Maryland. Nevertheless, you MUST first file a claim with the Commission in order to secure jurisdiction for your work-injury.

Get Help...Contact Matt

If you have any questions regarding your status under the law, please contact Attorney Matthew Engler for a free consultation.

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301-670-7030 / 800-248-3352

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