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Workers' Compensation Blog

Jury Verdict In Favor Of Montgomery County Bus Driver

Tuesday, December 19, 2017

School bus drivers spend hours transporting children to and from school in order to ensure that they arrive in a safe and timely manner. After years of performing this vital service for the community, the wear and tear on the bodies of bus drivers can have a profound impact on their ability to do their jobs. Natalie Whittingham, Ken Berman, and their team at Berman, Sobin, Gross, Feldman & Darby, LLC secured workers’ compensation benefits for a decades long school bus driver who developed chronic pain in her tailbone after years of bouncing up and down in an uncomfortable bus driver’s seat. The Maryland Workers’ Compensation Commission had found that the Claimant, who required three surgeries as a result of her tailbone pain, suffered an occupational disease arising out of and in the course of her employment for Montgomery County. The Employer, in an attempt to overturn this Order appealed to the Circuit Court. After an in depth three day long trial before a jury, which included expert testimony by two doctors, medical records, and the testimony of lay witnesses as to the hazards of the Claimant’s employment, the jury came back in favor of the claimant, upholding the Workers’ Compensation Commission. Ken and Natalie were able to defeat the County’s appeal and preserve the rights of the injured worker.

The Law of Occupational Disease

The most commonly known work related injuries, or “accidental injuries” occur when an employee is injured in an accident on the job at a particular time and on a particular day. Some examples of accidental injuries include slips, falls and car accidents. However, some work related injuries occur only after many years of the worker repeatedly performing their job duties. The onset may be slow in nature and results from the conditions of the employment. These are known as “occupational diseases”. Examples of an occupational disease could include carpal tunnel syndrome, in this case coccydynia (like the Claimant here suffered), lung cancer and hypertension. Injured workers who suffer occupational diseases may be covered, even where there is some other disorder or condition which contributes to the occupational disease. Here, the Claimant developed the occupational disease of coccydynia after many years of bouncing around in uncomfortable bus driver seats around the same time that she experienced rapid weight loss. The jury found that where the occupation of bus driving was even only a partial cause of the disorder, the claim was covered under the Workers’ Compensation Act.

What To Do If You Think You’ve Suffered An Occupational Disease

The law of occupational diseases is a complex area of the Workers’ Compensation Act and requires an attorney with experience to navigate its intricacies. In order to pursue a claim for disablement caused by an occupational disease, a medical opinion, relating your employment to your disorder is required and a claim must be filed within a certain amount of time of receiving that medical opinion. If you believe that you’ve suffered an occupational disease from repeated exposure to the physical or chemical hazards of your employment, it is imperative that you contact an attorney right away. If you are injured at work, contact Ken Berman, Esq. at (301) 740-3300 or Natalie E. Whittingham, Esq. at (301) 670-6546.

DECISIVE VICTORY FOR 911 DISPATCHER INJURED IN MOTOR VEHICLE COLLISION OUTSIDE WORK

Tuesday, October 11, 2016

911 dispatchers are our first line of defense in times of emergency.  Sometimes they are called upon to perform special training and can be injured when traveling to and from this training.  Ken Berman, Natalie Whittingham and Berman, Sobin, Gross, Feldman & Darby LLP protected the rights of a long time 911 dispatcher who was injured in a motor vehicle collision near his place of work, while traveling to a mandatory training meeting.  The Maryland Workers’ Compensation Commission had found that the Claimant, who was “T-boned” by a truck, sustained an accidental injury as a result of and within the scope of his employment, notwithstanding that he had not yet physically checked in to work.  After the Claimant won before the commission, the employer attempted to overturn this Order by filing an appeal and filing a dispositive motion.  Ken and Natalie defeated this motion and preserved the claim of the injured worker.

Exceptions to The “Going and Coming” Rule

Ordinarily, injuries suffered while an employee is going to or coming from work (known as the “going and coming” rule), are not covered under workers’ compensation law.  However, there are many, many exceptions to this rule.  For example, injured workers who are “on duty” at the time of the accident, are in Employer’s vehicle, or on a “special errand or mission” at the request of the employer are covered and not barred by the “going and coming” rule.  Ken and Natalie were able to protect the rights of the Claimant in this case by successfully arguing that the Claimant was traveling to attend a “special errand/mission", a mandatory staff meeting. Therefore, this case fell into an exception to the “going and coming” rule because the public safety employee was on his way to attend a monthly mandatory staff meeting, even though it was before his regular work hours given that it was with the consent of his employer. Therefore, he was on a “special errand”.

What this Means for Injured Workers

This case is the perfect example of why injured workers need an attorney with experience in workers’ compensation law. The “going and coming” rule, and the many exceptions that apply to that rule, is a complicated issue.Injured workers who are involved in accidents while traveling to or from work may still be protected, despite the “going and coming” rule.  Whether a claim falls under one of the exceptions requires a detailed review of the law and the facts of each case.The attorneys at Berman, Sobin, Gross, Feldman and Darby LLP are equipped with the expertise to navigate this area of law and protect the rights of injured workers, like Ken and Natalie protected the Claimant in this case.If you are injured at work, contact Ken Berman, Esq. at (301) 740-3300 or Natalie E. Whittingham, Esq. at (301) 670-6546.

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