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Workers' Compensation Blog

Jury Got It Right For Montgomery County Correctional Officer

Friday, September 23, 2016

Attorney Charles Schultz of Berman, Sobin, Gross, Feldman & Darby, LLP was successful in overturning a decision of the Maryland Workers’ Compensation Commission which had found that a career correctional officer did not sustain an occupational disease of Hypertension as a result of his employment. The Commission denied the injured worker’s claim for benefits because he suffered from numerous other health conditions which could have been a factor in his development of Hypertension. After a two (2) day jury trial, the jury returned a verdict in favor of the officer, who had worked for Montgomery County for just two (2) years prior to being diagnosed with Hypertension (he had worked as a correctional officer for 11 years prior to that in a different jurisdiction), finding that his condition was caused by his employment.

Hypertension for Correctional Officers

For many correctional officers in Maryland, it is presumed that Hypertension is caused by the stresses and strains inherent in the job - a law that makes perfect sense to those who understand the daily challenges of a correctional officer. Correctional officers are in the position of having to protect inmates from harming themselves, other inmates, or the officers themselves, and often times when they are greatly outnumbered by the inmates. This stressful environment can contribute to the development of Hypertension - which has been recognized by Maryland’s Legislature by including correctional officers in the heart and lung law.

What This Means for the Officer

The court victory means that the officer will now receive payment for all future medical treatment and any past medical bills resulting from his Hypertension, payment at two thirds of his wages tax free for any time he has missed from work as a result of his condition, and payment for the permanent disability he now has due to his condition.

If you know someone who is a corrections officer and is suffering with job-related hypertension, please have them contact Ken Berman at (301) 670-7030.

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