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

Workers' Compensation Blog

Defending A Firefighter Who Was On Duty For 24 Hours And Injured

Tuesday, October 31, 2017

Fire Fighters work had to protect our communities.They are required to work long hours, sometimes – and in this Claimant’s case – 24-hour shifts, where they are on duty at all times, ready to respond to any emergency call that may come in.  Ken Berman, Nicole Lambdin, and Berman Sobin Gross Feldman and Darby protected the rights of a Fire Fighter who, while on a 24-hour shift injured his knee while stepping away from the fire station to pick up his dinner at the restaurant across the street.  At the time of the injury, the Claimant was on duty and required to stay close to the fire station so he could respond to an emergency call should one come in.  After the Claimant’s injury was found compensable at the Workers’ Compensation Commission, the Employer attempted to reverse the Order by appealing the decision., claiming that since he was going to get dinner, he was no longer “in the course of his employment”.  Ken and Nicole defeated the appeal and preserved the rights of the injured worker.

Protected Under The 'Coming and Going Rule'

While the Employer asserted that the Claimant’s injury was barred by the “coming and going rule,” a general principle that disallows compensation for injuries that happen when an employee is going to or from his/her place of business (although there are many, many exceptions to the “going and coming “rule and one should always check with an attorney to see if their injury is covered), the Circuit Court agreed that this injury did not fall into that category.  Instead, the Court agreed with the Claimant that his injury arose out of and in the course of his employment because the fire fighter, at the time of the injury was on duty, getting paid, and was required to respond to any emergency call that came in.  In fact, the Claimant’s supervisors allowed the fire fighters to leave the fire station to pick up food as long as they remained within a certain perimeter to the station – ensuring they could timely return in case of an emergency.  By demonstrating that the Claimant remained ready and capable to respond to an emergency and that his employers acquiesced to employees leaving the station but remaining with the perimeter, Ken and Nicole established that the Claimant was within his employment at the time of his injury.

Every Case Deserves Special Focus

This case is evidence of how complicated Workers’ Compensation claims can be.  While at first glance this claim could appear to not be compensable because the fire fighter was on a “dinner break”, a more detailed analysis proved that his injury is covered by the Act, and that the Claimant is entitled to both medical and financial benefits.  The attorneys at Berman Sobin Gross Feldman and Darby can help you obtain the benefits and medical coverage that you are entitled to.  If you are injured at work, contact Ken Berman, Esq. at (301) 740-3300 or Nicole Lambdin, Esq. at (410) 769-5400.

Workers' Comp Awarded for Fire Fighter with Medial Epicondylitis

Thursday, April 06, 2017

Medial Epicondylitis. Sounds contagious, right? It is actually a condition more commonly referred to as "golfer's elbow" or "baseball elbow". This condition is characterized by pain from the inside (medial) elbow to the wrist which results from damage to the tendons that bend the wrist towards the palm.

Chronic Injuries from Job Stresses

While this condition is common among golfers, tennis players and baseball players, Ken Berman was recently able to attribute this condition to the long term effects of the duties involved in fire fighting. Specifically, the Claimant was diagnosed with right medial epicondylitis and was forced to miss time from work as a result. Ken made the argument before the Maryland Workers' Compensation Commission that this condition arose as a result of the Claimant's twenty one (21) years of service as a fire fighter during which time the Claimant carried heavy equipment on a frequent basis. It was also pointed out that over the many years the fire fighter rolled hoses and carried ladders. The Employer/Insurer contested the claim from the start and argued that the Claimant's condition did not arise out of the course of the fire fighter's employment.

Not only was Ken able convince the Commissioner that the Claimant's condition was related to the repetitive occupational stresses and strains of fire fighting, he was able to get the Claimant reimbursed for time lost from work. In addition, he successfully argued that the Clamant should be compensated for the overtime wages lost while assigned to a light duty position over six (6) month period. Finally, the Commission Ordered that all related medical expenses be paid by the Employer/Insurer for the remainder of the Claimant's life. The fire fighter is currently awaiting a second hearing before the Maryland Workers' Compensation Commission to determine permanent partial disability benefits.

The Right Attorney for Fire Fighters

Having a strong knowledge of the law, coupled with extensive understanding of the day to day activities of fire fighters, is what gives Ken Berman’s clients the advantage when it comes to their day in Court. If you believe you have suffered an occupational disease or condition as a result of your employment as a fire fighter, call Ken today for a free consultation.

Recent Posts


Tags

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

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