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Workers' Compensation Blog

Workers’ Compensation Claims Process - How long does it take to get a hearing and what is a “consideration date?

Friday, July 14, 2017

One of the most common questions I receive from clients concerns how long it takes to get a hearing before the Maryland Workers’ Compensation Commission. As with any court or judicial body, the Commission sets its own schedule and the claimants and attorneys appearing before it are subject to that schedule. Generally speaking, however, it is a safe assumption that your hearing will be scheduled within three to four months from the date you file your claim or request a hearing. This can vary based on your hearing venue. For example, hearings are scheduled much quicker in Baltimore or Beltsville (the hearing sites with a higher volume and where hearings are held more frequently), than in La Vale or Cambridge (where hearings are held less frequently based on a lesser volume).

What is the “Consideration Date?”

The claim process begins when you file an “Employee Claim Form” with the Commission. This document asks you basic demographic and injury-specific questions. Once this is submitted, the Commission will send a Notice of Claim to your employer and your employer’s workers’ compensation insurance carrier, referred to as the insurer. On the bottom-right of this Notice of Claim, you will find a “Consideration Date,” which is typically about a month from the date your original Employee Claim Form was filed. Your employer and insurer have until this date to either accept or contest your claim. If they contest the claim, they will file Contesting Issues with the Commission and you will have to wait for a hearing to present the evidence of your work-related injury or illness. You cannot request a hearing on your own behalf until after the “consideration date,” has passed. That’s why it is so important to file your claim as soon as possible.

My Employer and Insurer filed Contesting Issues; what next?

When your employer and insurer file Contesting Issues, they are, in effect, opposing the claim until the Commission can hold a hearing to determine the validity of your claim. As stated above, this will typically be scheduled anywhere between three to four months from the date your claim is initially filed. At this first hearing, you will be called upon to testify and present evidence of your work-related injury or illness, including medical records supporting your claim. After the hearing, the Commissioner will decide whether or not your injury or illness is covered by the workers’ compensation laws of Maryland. However, up until that time, you will not be able to recover any workers’ compensation benefits such as temporary total disability. You may or may not receive medical coverage. For this reason, it is all the more urgent that you consult with an attorney to determine your options and to prepare for this hearing.

How can my hearing be scheduled on an emergency basis?

In some circumstances, you can request the Commission to schedule your hearing sooner based on an “emergency” situation. For example, if you are unable to work on account of your injury or illness and have received collection notices on past-due bills or if you require emergency medical treatment, then the Commission may schedule your hearing sooner, within a matter of weeks rather than months. However, you must submit documents to support the urgency and these requests are not always granted.

If you have any questions or require assistance with your work-related injury or illness, please do not hesitate, contact Matthew Engler, Esq. today at 301-740-3322 or mengler@bsgfdlaw.com.

Berman, Sobin, Gross, Feldman & Darby Team Secure Significant Benefits for Local Firefighter

Friday, September 23, 2016

Ken Berman and Berman, Sobin, Gross Feldman & Darby, LLP were able to secure benefits from three different insurance carriers for a single injury to a fire fighter who was involved in a devastating collision between a tractor trailer and a fire engine. While the law is clear that a Claimant cannot receive compensation twice for the same injury, Ken used his many years of experience and knowledge in handling both workers’ compensation claims and negligence claims for fire fighters to maximize the injured fire fighter’s recovery. The team at BSGF&D explored several complicated recovery scenarios to reduce the workers’ compensation lien and increase benefits from motor vehicle and other insurance.

Helping to Protect Injured Fire Fighters

The injury occurred when several Fire Fighters were in the process of returning to the station when they were suddenly struck by a tractor trailer causing the fire truck to overturn. As a result, the fire fighter’s arm was amputated and surgery was required to reattach it.

Medical Treatment, Benefits, and More

Berman, Sobin, Gross, Feldman & Darby, LLP ensured that the Claimant’s medical treatment was entirely paid for through workers’ compensation and that the fire fighter continued to receive weekly benefits. Ken successfully argued that the Claimant’s fringe benefits (housing at the fire station, clothing allowance through his full time employer, etc.) were included in determining the Claimant’s average weekly wage thereby increasing his weekly compensation benefits. The Workers’ Compensation Commission agreed and allotted the fire fighter higher weekly payments.

Going The Extra Mile for Injured Fire Fighters

After securing the maximum amount of workers’ compensation benefits, Ken went after the Defendant tractor trailer’s driver policy of insurance. Although there were eight other parties making a claim on the defendant/tractor trailer’s insurance, Mr. Berman was not satisfied to simply accept his client’s pro rata share of that policy. Extensive investigation revealed that the fire truck in the Claimant was riding carried an additional “underinsured motorist” policy which provided additional benefits to the injured Claimant. By structuring the recovery from the Defendant tractor trailer tortfeasor, and coordinating the recovery from the underinsured motorist carrier of the fire truck, Ken was able to maximize the recovery to the injured worker from 3 separate sources.

Workers' Compensation Case Experience Matters

After all of the above, Ken and the injured fire fighter then returned to the Maryland Workers’ Compensation Commission to obtain additional permanency benefits. The Claimant was paid at the highest rate allowable under the law and he will continue to receive benefits for years to come, as well as having full coverage for any future medical needs or treatment.

Experience matters. Ken Berman and Berman, Sobin, Gross, Feldman & Darby, LLP’s extensive knowledge of not only workers’ compensation law but also the complicated subrogation and insurance laws applying to workers’ compensation and motor vehicle accidents, made those laws work for the injured worker, thereby insuring the Claimant the maximum recovery, coverage, and protection.

Ken Berman Expands Law as to PTSD for Fire Fighters

Friday, September 23, 2016

Post Traumatic Stress Disorder is a huge issue among first responders and can quickly develop into a serious and life threatening condition. Studies show that Post Traumatic Stress Disorder can lead to dangerous and suicidal thoughts among those who suffer from it. A study published by the Journal of Affective Disorders in 2015 found that “Fire Fighters report an alarmingly high career prevalence of suicidal thoughts and behaviors.” More than half of those study participants reported encountering suicidal thoughts at one or more points during their career.

PTSD and Workers’ Compensation Claims

For many years, Post Traumatic Stress Disorder was not recognized as a compensable workers’ compensation claim. In the 1980s and 1990s Berman, Sobin, Gross, Feldman & Darby LLP persuaded the Workers’ Compensation Commission to begin to recognize Post Traumatic Stress Disorder as compensable. It was normally limited, however, to instances of specific horrific incidents occurring.

Active and Retired Fire Fighters Who Suffer from PTSD

For decades Ken Berman has represented fire fighters and first responders who have suffered from PTSD. In two recent cases, Mr. Berman convinced the Commission that fire fighters and first responders can suffer from PTSD from every day stresses and strains and that coverage for PTSD should not just be limited to problems arising from one specific event. Mr. Berman argued that the day to day stresses and strains, cumulative in nature, were equally, if not more, harmful and devastating and should be covered under the law. The Commission, based upon the above arguments, along with appropriate testimony and medical records, agreed. In both cases the fire department argued that such day to day traumatic events are “just part of the job” of a public safety employee. Mr. Berman turned that defense on its head and argued that this was precisely the point. If it is a part of the job and intertwined with it then it should be covered.

The two new decisions are important given that studies show that anywhere between 7% and 37% of fire fighters suffer from PTSD and that the likelihood of suffering from PTSD increases with the number of traumatic situations an individual is exposed to.

Getting Help for PTSD

If you believe you are suffering from Post Traumatic Stress Disorder, or know someone that might be, seek immediate help from a qualified medical professional. If you are worried about a co-worker, talk to them about your concerns. Providing a supportive environment built on mutual experiences can prove to be extremely beneficial to your fellow fire fighters. If you have any questions on any of the above or wish to discuss any matter, in a confidential environment, please feel free to contact Berman, Sobin, Gross and Darby at 1-800-827-COMP(2667).

Facts About Injuries for Fire Fighters and First Responders

Friday, September 23, 2016

Fire fighters get injured at work more than the general population. If that seems logical to those who perform the job, now there are official numbers to back it up. In 2014 there were 63,350 fire fighter injuries which occurred in the line of duty, a decrease of 3.8% from 2013 when there were nearly 65,880 line of duty fire fighter injuries. While this number, thankfully, is the fewest since 1981, and 2013 represented a 5% drop from the number of injuries to fire fighters in 2012, it is still much higher, proportionately, than for any other occupation. This is especially worrisome when one considers that the number of fires has decreased by 57.1% since 1981.

1 Injury Occurs Every 8 Minutes

Thus, while the number of total injuries for fire fighters has gone down slightly over the last two decades, the number of fires since 1981 has decreased at a much greater rate. The number of injuries remain much higher for first responders than anyone else. It amounts to one fire fighter injury occurring every 8 minutes. In fact, according to the Harvard School of Medicine, putting out a fire has a 100 times higher risk of death than working in a non-emergency situation. Although many people assume that burns and smoke inhalation are the cause of most fire fighter fatalities; heart disease (coronary artery disease) is actually the single most frequent cause of duty-related deaths.

WHERE the Injuries Occur

A look behind the numbers nationwide in 2014 show that forty three percent (43%) of fire fighter injuries occur at or on the fire grounds, while seventeen percent (17%) occur during other on-duty activities. Six percent (6%) arise from responding to or returning from an incident, while eleven percent (11%) happened during training activities. Finally, twenty three percent (23%) occurred at non-fire emergency incidents. The highest rate of injuries (per 100 fire fighters) were, perhaps not surprisingly, among departments that protected populations of one million citizens or more and the fewest were to fire fighters that protected populations of fewer than 25,000.

Exposure To More Than Burns and Scars

In addition to injuries, NFPA estimates that in 2013 (the last calendar year for which reportable numbers exist) there were 7,100 exposures nationwide to infectious disease (such as hepatitis, meningitis, HIV) and 17,400 exposures to hazardous conditions (asbestos, radioactive materials, chemicals, etc.)

Public Safety Workers’ Compensation Claim Rates

The national numbers are mirrored in the State of Maryland. Out of all the workers’ compensation claims filed in the State of Maryland, a disproportionate number have been for public safety employees.

2015 2014 2013
# of Claims 23,711 24,211 23,241
# FF Claims 754 (3.2%) 799 (3.3%) 769 (3.3%)

If you know of fire fighter, first responder, or EMS worker who has been injured on the job have them call me for a confidential consultation.

Hard Fought Court Victory for Widow of Deceased Fire Fighter

Friday, September 23, 2016

Attorney Ken Berman has secured death benefits for the widow of a deceased fire fighter in a three (3) day jury trial. The Maryland Workers’ Compensation Commission had found that the Claimant, a fire fighter who was not diagnosed with multiple myeloma until 23 years after last running a call, did not sustain a compensable occupational disease. The Commission denied the widow’s claim for the death of her husband due to the long gap between the fire fighter’s exposure (1989) and the diagnosis of the disease (2012), as well as the fire fighter’s family history of cancer.

Occupational Diseases for Fire Fighters

After three days of testimony, including Mr. Berman subpoenaing the former assistant chief of the department to testify as to exposures fire fighters encounter and past lack of safety measures, the Jury returned a verdict overturning the Commission and in favor of the Claimant- finding that his occupational disease of multiple myeloma was indeed related to the fire fighter’s exposures in the department.

What This Means for The Family

The court victory means that the widow will now receive death benefits, payment for the funeral expenses, and payment for all past medical bills and other expenses.

Benefits for Burns, Scars & Disfigurements

Friday, September 23, 2016

Maryland Workers’ Compensation law requires the Employer/Insurer of a worker who is burned, scarred or disfigured while performing his/her job to pay to that worker, compensation benefits. This includes, and is especially relevant to, fire fighters.

A fire fighter who is burned, disfigured or scarred while either fighting a fire or performing any other aspect of his job has the right to receive $343.00 per week (the 2016 rate) up to a maximum of 156 weeks for any such disfigurement, burn or scar. As in many other requirements of the Workers’ Compensation law, fault is not a factor, however the employee has 2 years to file such a claim after the disfigurement or scarring occurs.

If you have been burned or incurred any scarring in the last 2 years contact us immediately to process the claim and obtain the benefits that are rightfully yours.

Conclusion

The laws governing workers’ compensation are complex. However, the system is designed to benefit an injured worker. An attorney can only charge if recovery is made. If you have a question regarding anything in the outlines, or any other questions, please feel free to contact us at Berman Sobin Gross, Feldman & Darby. Our telephone number is (301) 670-7030 and our toll free number is (800) 827-COMP.

First Firefighter Case on Hearing Loss Results in Victory

Thursday, September 22, 2016

Recently we had an opportunity to have a hearing on one of twelve of the many hearing loss and tinnitus claims that we have filed before the Maryland Workers’ Compensation Commission. The Commission ruled in favor of the fire fighters in each of the cases. The Commission relied upon the hearing test as well as a physician whom we referred the Claimant to, in determining that the claim was related to their noise exposures at work. It resulted in an award to each fire fighter of over fifteen thousand dollars.

Although we have heard from many fire fighters regarding these problems, there are many more who have not thought to pursue a claim. It costs nothing to pursue such a matter. The only thing that is needed are copies of hearing tests which we can easily obtain. Many fire fighters simply fax us (at 301-670-9492) their hearing tests after each annual physical exam. These are provided to any firefighter who requests it, free of charge.

Fire Fighters in Maryland Have a Great Day in the Court of Appeals

Monday, September 19, 2016

Clifford B. Sobin, Esq.

It is nice to be able to toot the horn of somebody you respect greatly. It is even nicer when that person is your partner. Yesterday, the Court of Appeals unanimously found in favor of a Maryland fire fighter injured in a car accident while on the way to his station to check the mail.

Ken Berman briefed and argued the case in front of seven Judges. I will get to the facts in a minute, but first I want to highlight Ken’s dogged determination. The injury occurred on October 28, 2010. Then:

1) The Workers’ Compensation Commission ruled against the fire fighter in 2011

2) A Circuit Court Judge ruled against the fire fighter in 2012

3) A Court of Specials Appeals panel ruled 2-1 against the fire fighter in 2013

But, Ken remained resolved. I remember well our discussions at that point. He felt strongly that his client had been wrongly denied. So, once again, with pen to paper (or in this case keyboard to screen) he wrote what is called a petition for certiorari. That is a request to the Court of Appeals to consider a further appeal. They do not have to do it. They only accept a limited number of cases every year. But, in this instance they agreed to hear Mr. Roberts’ appeal. Ken wrote convincingly that the issue was one of importance to fire fighters and employees in general in the State of Maryland.

Today, the Court of Appeals found in Ken’s client’s favor.

What Happened

Mr. Roberts was, and still is, a fire fighter in Montgomery County, but the circumstances of this case are applicable to any fire fighter working in any jurisdiction in Maryland. For that matter, the Court opinion benefits any employee in Maryland. Now, let’s run through the facts:

Mr. Roberts had an accident on the job that caused injuries that restricted him from regular duty. Therefore the County required him to work temporarily at a location where he could do light duty (headquarters in his case)

As a fire fighter, he is required to maintain a certain standard of physical fitness. Therefore, he normally started his day, with the encouragement of his employer, working out at an exercise facility around 7:00 a.m.

The County paid Mr. Roberts for a work day beginning at 7:00 a.m. despite the fact that he often did not arrive at the light duty facility until 9:00 a.m. after working out.

Mr. Roberts decided, on the day he suffered his new injury that was the subject of his appeal, to first stop at his regular duty station to pick up County internal mail that was routed to him at the fire station.

Mr. Roberts was in a motorcycle accident while on the way from the exercise facility to his regular duty station to pick up the mail.

The County refused to accept the new injury as part of his old Workers’ Compensation case or as part of a new one. They argued he was not working when he suffered the injury. The legal term they used was that he was excluded because of the “going and coming” rule. That is legal jargon for saying Mr. Roberts was commuting to work.

Ken argued that the proper legal concept was to use the “but for Positional test.” In other words, but for Mr. Roberts’ employment, he would not have been where he was when the motorcycle accident occurred. Since he was traveling from one employment location to another, and along the way stopping for employer mail that he needed to see to benefit the employer/employee relationship, Mr. Roberts had the right to file a new Workers’ Compensation claim for his injury.

The Court of Appeals found Ken’s argument so persuasive that all of the judges signed onto the Opinion.

Why is the Roberts victory important? Because it locks in an evolving concept of law that looks at the reason an employee is where they are when they are injured. It is especially important to employees injured, and on light duty. Frequently, they have to work their light duty assignments in locations different from their normal reporting station, but they have to keep up with what is happening on the regular duty job as well. If they do not, they may run afoul of new rules, not become aware of new procedures, and in general lose contact with what they used to do making transition back from light duty all the more difficult.

When I asked ken how he felt about the victory and to what he attributed it to, he answered:

It was a group effort of the entire firm – from writing the brief, developing the strategy, and preparing me to argue by peppering me with difficult questions – they all made me better. It is a testament to our team approach. As for Mr. Roberts, I felt strongly he had been wronged. I can’t stand when one of my clients gets less than he or she deserves. It is deeply satisfying to me when I can change a wrong.”

Mr. Roberts when he first heard the news, responded, “I appreciate it. You’ve been there every day for me since day one.”

Today’s result reflects a great job by Ken, and a great day for fire fighters. You can read the opinion at http://www.mdcourts.gov/opinions/coa/2014/39a13.pdf.

Facts About Injuries For Fire Fighters And First Responders

Tuesday, June 14, 2016

Fire fighters get injured at work more than the general population. If that seems logical to those who perform the job, now there are official numbers to back it up. In 2014 there were 63,350 fire fighter injuries which occurred in the line of duty, a decrease of 3.8% from 2013 when there were nearly 65,880 line of duty fire fighter injuries. While this number, thankfully, is the fewest since 1981, and 2013 represented a 5% drop from the number of injuries to fire fighters in 2012, it is still much higher, proportionately, than for any other occupation. This is especially worrisome when one considers that the number of fires has decreased by 57.1% since 1981.

1 Injury Occurs Every 8 Minutes

Thus, while the number of total injuries for fire fighters has gone down slightly over the last two decades, the number of fires since 1981 has decreased at a much greater rate. The number of injuries remain much higher for first responders than anyone else. It amounts to one fire fighter injury occurring every 8 minutes. In fact, according to the Harvard School of Medicine, putting out a fire has a 100 times higher risk of death than working in a non-emergency situation. Although many people assume that burns and smoke inhalation are the cause of most fire fighter fatalities heart disease (coronary artery disease) is actually the single most frequent cause of duty-related deaths.

Where The Injuries Occur

A look behind the numbers nationwide in 2014 show that forty three percent (43%) of fire fighter injuries occur at or on the fire grounds, while seventeen percent (17%) occur during other on-duty activities. Six percent (6%) arise from responding to or returning from an incident, while eleven percent (11%) happened during training activities. Finally, twenty three percent (23%) occurred at non-fire emergency incidents. The highest rate of injuries (per 100 fire fighters) were, perhaps not surprisingly, among departments that protected populations of one million citizens or more and the fewest were to fire fighters that protected populations of fewer than 25,000.

Exposure To More Than Burns And Scars

In addition to injuries, NFPA estimates that in 2013 (the last calendar year for which reportable numbers exist) there were 7,100 exposures nationwide to infectious disease (such as hepatitis, meningitis, HIV) and 17,400 exposures to hazardous conditions (asbestos, radioactive materials, chemicals, etc.)

Public Safety Workers’ Compensation Claim Rates

The national numbers are mirrored in the State of Maryland. Out of all the workers’ compensation claims filed in the State of Maryland, a disproportionate number have been for public safety employees.

  2015 2014 2013
# of Claims 23,711 24,211 23,241
# FF Claims 754 (3.2%) 799 (3.3%) 769 (3.3%)

If you know of fire fighter, first responder, or EMS worker who has been injured on the job have them call me for a confidential consultation.

By Ken Berman

Injuries From Prescription Related Side Effects For Firefighters

Tuesday, April 26, 2016

Over the years, I have represented thousands of you for claims arising out of work related, as well as non-work related, injuries and/or diseases. Unfortunately, not only have you had to worry about the injuries and the diseases themselves, other concerns have arisen besides the dangers of your profession. Recently, many of the treatments for these problems have been declared dangerous and life threatening.

Side Effects From Xarelto and Other Prescription Meds

For instance many individuals have been prescribed Xarelto as a blood thinner. Xarelto, as you may already know, has been the subject of lawsuits because it has been found that Xarelto can lead to uncontrollable internal bleeding and other serious complications, including heart problems and/or strokes. In addition, for those who have work related or even non-work related problems or diseases, manufacturers of medical devices and IVC, have recalled their products. Inferior Vena Cava Filters (known as “IVCs”) are designed to prevent life threatening pulmonary embolisms. Some of these filter failures have resulted in deaths.

Furthermore, a well-known consequence of hypertension is a loss of potency. The FDA alerted consumers and healthcare providers that a small number of men have lost eyesight after taking Viagra, Cialis or Levitra.

How We Can Help You, Or, Someone You Care About

Berman, Sobin Gross, Feldman, and Darby, LLP has been at the forefront in resolving the cases involving unsafe drugs and medical devices and protecting injured workers, and their families. If you believe you have been harmed by any of these products or by such products as Pinnacle DuPey® Hip Replacements, Taxotere®, or Essure®, please contact me at (301) 670-7030. In the meantime, stay safe.

By Ken Berman

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