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Workers' Compensation Blog

Matt Darby Wins Big For Fire Fighters and Government Employees

Thursday, September 22, 2016

Clifford B. Sobin, Esq.

 

Eight years ago, almost to the day, I attended hearings at the Maryland Legislature related to some newly proposed laws that would help people claiming Workers’ Compensation benefits. My firm for more than two decades has worked with Unions throughout Maryland to help people that have been injured on the job; with their claims and with enacting new laws. That day, Matt Darby was there as well. He was a principle partner in a firm that had the same mission as ours. Once the meetings were over he was kind enough to drive me to my car.

We got to talking and realized that both of our firms had similar cultures and similar values. The light bulb went off. Why not merge? Almost three years later we did.

Now, as further proof of the validity of that vision, only two months after my partner, Ken Berman, scored a huge victory in the Court of Appeals for fire fighters, now Matt Darby has done the same in the Court of Special Appeals.

Facts

The case involved one of our clients who suffered from coronary heart disease. Matt succeeded in convincing the Maryland Workers’ Compensation Commission that our client’s condition was compensable and that he had a 25% percent industrial disability as a result. The Commission awarded him more than $33,000 dollars.

However, there was a problem. Baltimore County argued he was not entitled to the money because he was receiving a retirement benefit that paid more than the Workers’ Compensation award. Therefore, to use a tired legal expression; the award was “set-off” by the retirement benefit. In theory they had a point – but in practice they did not. The County argued that the money our client received in a lump sum five years before the Commission hearing, as part of the DROP program, should be included in the “set-off” calculations.

Matt said no!

Argument

He argued that the law required looking week by week to see what retirement benefits were actually paid for that week and compare it to what was owed under the Commission award for that week; then calculate the “Set-off” separately for each week. Matt won before the Commission. He won before the Circuit Court. And now he has won in front of the Court of Special Appeals.

Not only did the win benefit our client, but it will help all fire fighters, police officers and any other employee of a county, municipality or the state. If you would like to read the case it is located at:

http://www.mdcourts.gov/opinions/cosa/2014/2053s12.pdf.

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