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Questions Answered by Andrew M. Rodabaugh
2 Answers | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I was injured in 2002 after 3 surgeries I was award ppd with lifetime medicals in 2006 now in 2016 they want a ime

Why after all these year are they pulling a ime. BEEN going to same dr for 12 for pain no new test or treatments it just seems strange to me.

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Oct 31, 2016

Unfortunately the insurer/workers comp wiil be able to send you to ime's whenever they want as long as it is reasonable. Contact your prior attorney or call a new one to discuss.

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: I'm hiring a guy to paint my house and am trying to figure out what kind of insurance he should have.

He says he doesn't need to have workers' comp as a sole proprietor - but what if he gets injured? Am I on the hook for it?

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Oct 28, 2016

There is always the possibility of you being on the hook. Even if he does have a workers comp policy you may be susceptible to a lawsuit. Workers comp usually only protects the employer who has the policy. So for you to benefit from maryland workers comp laws you would have to have your own... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: How long does it take to get a subsequent Injury hearing with workers compensation in maryland?
Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Sep 27, 2016

The answer to this question can vary greatly depending on the location of the claimants residence, the hearing volume of the Maryland Workers Comp commission at the time of filing for the hearing, and other factors. In my experience I have seen Subsequent Injury Fund hearing set in as soon as... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: got hurt working a state job was told by state doctor couldn't return and had to take a desk job.

being i had to transfer to another agency do they have a right to take what i was already making away from me.

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Sep 13, 2016

This is a complicated question which depends on any contract obligations they have as well as any employee manual. If you were hurt on the job you would possibly be entitled to workers compensation benefits which could include being paid a portion of your lost wages back to you. Also, with an... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: How does a whole body impairment rating work in a md workers compensation case vs a body part impairment rating?

20% whole body impairment rating wondering how it gets computed for ppd benefit.

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Sep 12, 2016

20% whole person is 100 weeks of payment at the second tier. The payment amount depends on the year you were injured, your average weekly wage, and some other potential factors.

It is important to discuss this with your attorney because there are a number of legal factors to consider other...
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2 Answers | Asked in Workers' Compensation for Maryland on
Q: Follow up question concerning workmans comp claim

I had ask about denial before MRI. I live in Maryland and work in Pa. Will your advice be different for this situation? Thank you so much.

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Aug 29, 2016

It very well could depending on the laws of Pennsylvania. Maryland law may still apply depending on the type of employment, location of employers main office, work frequency, job duties.... It is best to talk to an attorney directly to go over your situation.

Please keep in mind that none...
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1 Answer | Asked in Workers' Compensation for Maryland on
Q: Claim denied before i can get a doctor order MRI

I injured my leg tripping at work. Started the clain process and recieved claim number. Went Dr for exam and he ordered an MRI to beable to give a diagnosis. My claim has been denied from an ER xray. Is seeking legal help my only course of action?

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Aug 29, 2016

It is your best course of action. Attempting to fight the denial on your own is going to be extremely difficult because of the complications that can arise and the particular evidence that you must come up with. It is important to file a claim with the insurance company as well as the Maryland... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: If pip pays your therapy bill why do you have to pay wc back and you was on the job working when the adent happen

Why do you have to pay wc back

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Aug 1, 2016

The workers compensation insurer has placed a lien on the third party portion of you case. Call your attorney for an explanation or if you do not have one considering getting one.

2 Answers | Asked in Workers' Compensation for Maryland on
Q: If the 5 yr statute passes and your employer hasnt made payments for lost wages but has been ordered to does case close?

I Have an order for lost wages from commission however its been over a month since decision and insurance company still wont pay, did not appeal and is virtually ignoring the claim for workers comp. They did not even send a defense attorney to the hearing in front of the commission.It will be 5 yrs... View More

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Jul 31, 2016

It is important to get a check in hand as soon as possible as the limitations period could potentially still run. Get an attorney experienced in workers comp asap. The insurance carrier will have to pay within 15 days or be subject to "up to 20% in penalties. If not paid in 30 days then... View More

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2 Answers | Asked in Workers' Compensation for Maryland on
Q: What happens if an insurance company for workers comp ingnores a claim after an order is made by the commission ?

Insurance company wont make payout even though they have been ordered by the commission to do so. Sorry for the resubmission couldnt see first answer

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Jul 31, 2016

The insurance carrier will have to pay within 15 days or be subject to "up to 20% in penalties. " If not paid in 30 days then penalties upto 40%. It is best to obtain counsel for a workers comp case as there are numerous rights that need to be explained and possibly explored. I wish you... View More

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2 Answers | Asked in Employment Law, Business Law, Personal Injury and Workers' Compensation for Maryland on
Q: Based under contract does the contract bind the plant manager who controls the operation of the owner business?

If so what can I do as an employee by contract with an injury that caused amputation of my great toe? Lost wages I understand. What about continue pain and suffering and suffering...

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Aug 1, 2016

There are benefits you can obtain through the workers compensation process. The compensation is paid to anyone that has remaining issues after treatment has come to a finish. It is called permanency and is based on any permanent impairment you may have as a result of the accident. This may be... View More

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2 Answers | Asked in Employment Law and Personal Injury for Maryland on
Q: I am paid under the table. I was injured on the job at one of his clients estates. Can I sue him or their homeowners ins

This is the only work I can find and is not by choice. I am incurring numerous medical bills and will not be able to work for some time. Who is liable. Can I sue the customers homeowners insurance or the employer. I am not considered a contractor, I was furnished company shirts, and all equipment... View More

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Aug 1, 2016

As far as the assumption that he is paying under the table to avoid workers compensation insurance, I fear that you may end up resorting to filing a workers compensation claim that involves the Unemployed Insurance Fund. This is a long complicated process and will require a seasoned workers comp... View More

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2 Answers | Asked in Workers' Compensation and Medical Malpractice for Maryland on
Q: Easy question just had carpal surgery an cubital surgery they moved ulner nerve .I'm also borderline diabetic

Do i have a case?? I'm a commercial painter all mylife.also same has to be done to right arm an hand next year as well.

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Jun 23, 2016

You could very well have a case depending on a few factors. Under Maryland workers comp law this would be an occupational disease developed from repetitive motion. I can certainly see how a painter would develop carpal and cubital tunnel syndromes. You would need to have a doctor indicate that... View More

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: Stepped on nail at work and developed Mrsa leading to amputation of 2nd toe and partial bone in foot 2 yrs ago.

Went to walk-in clinic 2 days after they took culture, Mrsa found. Put on antibiotics, infection got worse and ended up in hospital. Admitted for further treatment. Dr. cut out infected tissue, and released after 3 days with a 2" hole in my foot and exposed tendons and bone with a warning of... View More

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Jun 23, 2016

I am sorry to hear about the problems you are having. I would recommend going to your lawyers office and suggesting an in office discussion about his representation and what you expect from him. If he is not able to meet your expectations then it may be time to consider hiring a different... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Can a lawyer sandbag you by claiming youre eligible for workers comp before a hearing and then say you aren't at one

I have an upcoming hearing for a workers comp case. The lawyer representing my employer has told me over the phone that they are agreeing to pay, but the hearing is still necessary because there's a duplicate case and there were some mix-ups and miscommunication involved.

The question... View More

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Jun 3, 2016

The answer is yes the lawyer can lie, however I would be very surprised if this is the case in your situation. It is always best to prepare for the worst. If you have not spoken with an attorney now may be a good time to get a free consultation.

The Maryland Workers Comp community of...
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1 Answer | Asked in Workers' Compensation for Maryland on
Q: What happens if your not sheduled for evaluation within 26weeks after my last treatment and back to work
Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Apr 15, 2016

It is difficult to pinpoint exactly what you are asking. If you are referring to the defense evaluation they are not obligated to schedule one. If you are referring to the evaluation by you or your attorney this should be done very soon. Contact your attorney and tell him or her that you have... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: What do I do if I was injured at work and my employer has yet to file an incident report or workers comp claim

I was at my workplace (McDonalds) stationed at the drive thru during my regular shift. I went to fill a customers order and as I walked back to my station I slipped on the floor and fell. I can't remember much after I blacked out but when I regained consciousness I felt myself being helped up... View More

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Apr 6, 2016

It is important that you file a claim with the Maryland Workers Compensation Commission and do not rely on the employer doing the right thing. Your injuries are serious if you are being referred to a neurologist and an orthopedic. Any right you have to lifetime medical treatment and financial... View More

2 Answers | Asked in Workers' Compensation for Maryland on
Q: Can I record a IME appointment in Maryland for my own protection? I have had them lie before and never exam me.
Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Mar 10, 2016

This is not a good idea. If you wish you may bring a family member or friend into the examination room with you.

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1 Answer | Asked in Personal Injury for Maryland on
Q: Is there corporate liability if a person is verbally or physically assulted on the corporations property?
Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Nov 19, 2015

There may be liability in this case but there are many open questions that would need to be answered. For advice on this you should contact an attorney for a consultation.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: I'm m a correction officer and was assaulted by an inmate and substained serveral injuries.

I have injured my lower back with herniated disc, bruitis and nerve irritation in C5 C6 with serveral herniated disc from c2 - c7 and T1. Will I qualified for workers disability due to the injuries I have substained and loss of mobility.

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Nov 10, 2015

It sounds like you have a substantial injury based on your description of the medical findings. You should be receiving workers compensation benefits by now. This will be 2/3 of your usual wages, but tax free. If you haven't already you will need to file a claim with the workers... View More

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