Gaithersburg: 301-670-7030
Baltimore: 410-769-5400
Frederick: 301-668-2100
Contact Us For Legal Help

Workers' Compensation Blog

How Maryland Workers’ Compensation Law Is Made And Changed

Saturday, January 19, 2013

Three types of laws impact the Workers’ Compensation process. They are:

  1. Statutes,
  2. Regulations, and
  3. Appellate decisions.

In addition, the Workers’ Compensation Commission develops specific policies that guide them but do not bind them.

Statutes

The starting point for workers’ compensation is statutory law. A statute is a written law. If it is not covered by a statute, it cannot be done, no matter how unfair something may seem to you.

Statutes start as “bills”. They are written and voted on by the Maryland Legislature. If both the Maryland House of Delegates and the Maryland Senate approves the “bill” it goes to the Governor. If the Governor signs it, the “bill” becomes law.

Before the legislature votes, testimony is taken from both those in favor of the bill and those against it. This occurs in designated House and Senate Committees and often preliminarily in front of a designated Legislative Oversight Committee.

Lobbyists and special interest groups are heavily involved in the process. As a result, changes often take years.

Regulations

The Workers’ Compensation Commission has the authority to create mandatory regulations. It is the purpose of a regulation to identify and determine precisely how the intent of a statute will be carried out. A regulation cannot create new law. It can only clarify a statute and provide procedures for its implementation.

Before a regulation is enacted, it must be circulated to the general public and hearings are held where anybody may speak in favor or against it. Regulations usually take several months to travel from an idea to reality. As with statutes, lobbyists and special interest groups are heavily involved in the process.

Appellate Law

Appellate law is created by the Court of Special Appeals, which must hear every appeal, and the Court of Appeals which only hears appeals it chooses to be worthy of consideration (almost always only after the Court of Special Appeals has heard the case). Appellate decisions interpret statutes, regulations, the Constitution and other Appellate cases. The Courts may not create new law (although some criticize them for seemingly doing so), they may only interpret existing law.

By Clifford Sobin, Esq.

Recent Posts


Tags

Incident Report Maryland Lawyer Work Related Injury Attorney Julie Mirman Attorney Gretchen Rogers Workers Compensation for Police Officers Maryland Workers Compensation Procedure Wrongful Death Claim Coming and Going rule, D.C. attorney Police Officers Claims Process Railroad Injuries Average Weekly Wage Independent Medical Evaluation Maryland Workers Compensation Commissioners Attorney Matthew Engler MSPRC Accident Report Criteria Attorney Matt Darby Medicare and Workers Compensation MSEA Death Benefits Maryland Workers Comp Veterans Auto Injury Damages Attorney Ari Laric injured railroad workers Occupational Diseases attorney Natalie Whittingham Physical Training Injuries for Firefighters Medical Travel Expense Attorney Ken Berman Transportation Reimbursement Teachers Dependent Workers Compensation Benefits for Teachers Injured Courier Worker Injured Fire Fighters Injury Report Attorney Nicole Lambdin Workers’ Comp Attorney Workers Compensation for Firefighters Permanent Disability Occupational Hazards DC Workers' Compensation Auto Accidents Maryland Workers Compensation Hearing Denial Coming and Going rule Personal Injury workers Compensation Act Corrections Officers Maryland Workers' Compensation Claim – Is My Injury Covered? auto accident attorney Opioids Medical Attorney Lauren Pisano Benefits Workers Compensation Claim Firefighters Liabililty Attorney Charles Schultz Prescription Medication Side Effects Temporary Total Disability Fire Fighters Workers Compensation and Bankruptcy Attorney Robert Hagans Workers Compensation Fraud Vocational Rehabilitation Benefits Unemployment Benefits FMLA Disability Insurance Injured School Bus Drivers Laws and Regulations Firefighters and Hearing Loss Attorney Alan Gross Workers Compensation Lawyer Maryland Fire Fighters Attorney Cliff Sobin Vocational Rehabilitation Workers Compensation win for 911 dispatcher Attorney Allyson Bloom Mileage Reimbursement National Holidays

Archive

RSS

What Our Clients Say

Known for our unwavering commitment to clients, for our integrity, and for delivering the best results, our clients continue to refer their friends, families and neighbors to us for their legal needs.


"One year ago today I made the call to your office. The best decision I could make. I wanted to share with you how impressed I am with your staff and your professionalism."

Heather P.


"Craig did a great job representing me! He's the lawyer I have trusted with my legal needs because he's professional, knowledgeable, and keeps me informed about my case."

Jaclyn K.


" wanted to thank you, in writing, for your kindness and prompt response. Customer service is a dying art, and you gave me hope for my family."

Karla


"I would like to express my gratitude for your efforts and dedication for my disability case. It's has been quite a long and upsetting process but you have handled my case in an extremely competent and responsible manner."

Leo H.


"I have recommended Mr. Feldman to several of my friends and colleagues and have heard nothing but excellent reviews. He is the best lawyer I have ever used."

Martin


"I received the check today. I could not believe it until I saw the check. Thank you so much. You have improved my family's quality of life tenfold."

Mike F.


"These guys go above and beyond! They always have your best interest in mind."

Mike W.


"I would like to express my thanks to Amanda Knott and Gretchen Rogers for their patience with me through my ordeal with my workers comp claim. I was impressed from the very beginning when I spoke with G. Rogers on the phone and although she did not have to, she met with me personally and walked me through the steps of what to expect in this process."

Mr Sagal


"You have been kind throughout this process and I appreciate your professionalism as well as your gentle concern. Thanks for helping us and all the others who need your legal expertise. We are grateful."

Nancy F.


"Thanks to Mr. Shultz's aggressive and professional work ethic style I was able to receive the medical services and compensation pertaining to my case."

Navdeep C.


"I can honestly say this firm is simply TOP NOTCH! They not only have handled countless cases for my members that require their services, they also have gone well beyond their "scope" to help some of my folks in other areas of need. "

Rick H.


"I wanted to compliment your law firm on having Amanda Knott as a paralegal. She worked tirelessly for almost 2 years making sure I understood what was happening and at the same time keeping all my records straight and in order, which allowed Gretchen Rogers to represent me in the best way possibl"

Terrye G


"The attention and professional care the staff has taken toward my needs has always been excellent. I have no complaints nor worries that my issues discussed are not addressed."

Tim T.


"I just got off the phone with Craig and let him know how thankful we are to you, him and Ken for all your efforts – you are all really terrific to work with!"

Val K.


Locations Throughout Maryland, Virginia & Washington DC

Gaithersburg Office

481 N. Frederick Avenue, Suite 300
Gaithersburg, MD 20877
301-670-7030 / 800-248-3352
Fax: 301-670-9492

Lutherville Office

1301 York Road, Suite 600
Lutherville, MD 21093
410-769-5400 / 800-248-3352
Fax: 410-769-9200

Frederick Office

30 W. Patrick Street, Suite 105
Frederick, MD 21701
301-668-2100 / 800-827-2667
Fax: 301-668-2000


TOP