Warnken, LLC Attorneys at Law, Attorneys & Lawyers, Pikesville, MD

Workers’ Compensation

Articles, notes and caselaw on workers’ compensation from Warnken, LLC.

Please contact us with any thoughts or questions.  If you are seeking representation, call us directly at 443-921-1100.

  • A Brief History of Workers’ Comp Laws

    Not Just the Modern World The idea of compensation for on the job injuries existed long before the evolvement of what today we know as western civilization. As Gregory P. Guyton points out in his article, the first known laws that compensated workers for on the job injuries date back to approximately 2050 B.C. in […]

  • Can I Get It? Am I Eligible?

    Analysis of the Accidental Personal Injury I. Introduction § 9-101(b)(1) of the Labor and Employment (“L&E”) Article defines an “accidental personal injury” for purposes of the Workers’ Compensation Act (“the Act”).  For an injury to be compensable under the Act, it must “arise out of and in the course of employment.”  We try to answer […]

  • Hearing Sites

    There are currently seven Workers’ Compensation hearing sites in Maryland. Nine commissioners sit on the Maryland Workers’ Compensation Commission.  As of Spring 2014, these commissioners are: Patricia G. Adams Lauren Sfekas Godwin Jeffrey C. Herwig Cynthia S. Miraglia Maureen Quinn Delia Turano Schadt Kimberly S. Ward John R. Webster, Jr. Jeffrey T. Weinberg Karl Aumann […]

  • Hypertension and Police Officers

    Workers’ Compensation and Hypertension What Every Officer Should Know Before Filing a Claim By: Rebecca L. Smith, Esq. Warnken, LLC, Attorneys-at-Law 443-921-1100   (PLEASE NOTE: This article was originally written for our clients, the Maryland State Troopers.  Most applies to law enforcement throughout Maryland.  Please contact us directly for differences based on your agency, you job, […]

  • Interpretation of the Act

    How Maryland Courts Interpret Ambiguous Provisions of the Workers’ Compensation Act.  The Maryland’s Workers’ Compensation Act (“the Act”) will be 100 years old this April.[1]  Prior to its enactment in 1914, Maryland merely maintained an insurance fund that covered only a select few.[2]  Initially the Act covered “accidental injuries that arose out of and in […]

  • Maximum Medical Improvement

    Maximum Medical Improvement (MMI) is a key term in Maryland workers’ compensation. What is Maximum Medical Improvement? The concept, in layman’s terms, is pretty easy to understand.  You aren’t going to get any better than you are, anytime soon, despite any treatment available.  Said another way, the healing is done.  Still another, it’s as good […]

  • Medical Records

    For workers’ compensation claims, medical records are the basis for determining whether a particular treatment or service is medically necessary and, therefore, reimbursable by your employer’s insurance. As such, each healthcare provider must create and keep medical records documenting a patient’s course of treatment. Unfortunately, however, the cost of sending medical records to a lawyer […]

  • Permanent Disability Awards

    Introduction In Maryland, there are two different forms of permanent disability – permanent partial and permanent total.  Relevant to calculating a permanent disability award is both the employee’s average weekly wage, in addition to the overall State average for a given year. Further, there are four different “tiers” of permanent disability benefits under the Maryland […]

  • Standard of Review – Comp Appeals

    Standard of Review for Workers’ Compensation Appeals I. Introduction The Workers’ Compensation Act (“the Act”) provides its own template for appellate review.[1]  Specifically, under § 9-745 of the Labor and Employment (“L&E”) Article of the Maryland Code, appeals out of the the Maryland Workers’ Compensation Commission (“WCC” or “the Commission”) proceed in one of two […]

  • Temporary Disability Awards

    The amount of compensation due to an injured worker depends on a plethora of factors.  The Workers’ Compensation Act (“the Act”) reflects as much. For example, compensation rates turn on whether a disability is “partial” or “total,” as well as “temporary” or “permanent.”  This article will focus on temporary disability awards. A workers’ compensation claimant […]

  • The Subsequent Injury Fund

    The Subsequent Injury Fund was formed pursuant to the Labor and Employment Article of the Maryland Annotated Code, Section 9-802. Md. Labor and Employment Code Ann. §8-802.  The goal of this agency is to encourage employers to hire employees with pre-existing health conditions by assuming financial obligations on behalf of employees for the effects of […]