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Maryland Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Maryland on
Q: Does an employer's IME doctor have to submit their report by a certain time or is it anytime up until the hearing date?

I'm looking for information regarding MD Workers Comp cases. I saw my doctor on 08/11 and its now 10/06 and still no report. The hearing is set for 10/30.

Eric Todd Kirk
Eric Todd Kirk answered on Oct 6, 2020

Everything is supposed to be served on the other side in advance of the hearing date. That often is not the case. In some instances the IME reports are delivered on the date of hearing. in other instances the commissioner 'holds the record open' so that the report can be filed later.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: During a worker's comp case does my employer's IME doctor have access to medical records not related to my injury?

Should the doctor only have access to medical records related to my injury? Is he granted my entire medical history since I was a kid? Thanks

Eric Todd Kirk
Eric Todd Kirk answered on Sep 25, 2020

So, you have filed a workers' compensation claim. By doing so, you've in effect but the body part injured "at issue". In other words, whether or not you've ever had problems with that part of your body before is the subject of legitimate inquiry. Certainly, the employer is... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Hello! I am the only owner employee of a corporation operating in Maryland. Is workers' compensation required for me?

I'm getting conflicting advice from brokers, and have the exception form for officers, but want to make sure I am in the clear. Thank you!

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 16, 2020

An owner who is also an employee has an option under Maryland law to either pay for coverage or waive coverage so long as they own at least 20% of the company.

The relevant law is Labor & Employment Article §9-206.

While not legal advice, I hope this general information...
Read more »

2 Answers | Asked in Workers' Compensation for Maryland on
Q: I’ve received workman’s over a year in MD but now haven’t had a weekly payment in over 3 weeks. Is that legal?
Mark A. Buterbaugh
Mark A. Buterbaugh answered on Sep 5, 2020

There could be a Few reasons why your check may have stopped. Best advice I can give is to contact an attorney who who handles Maryland Workers Compensation cases.

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1 Answer | Asked in Employment Law, Workers' Compensation and Appeals / Appellate Law for Maryland on
Q: What does the duration of disqualification for 8-1002 mean exactly? Does that mean I have to pay back unemployment?

Received a letter from MD unemployment that my benefits were being disqualified, but didn’t understand the “denied until reemployed and earn 25x weekly benefit amount”. Do appeals for 8-1002 have any chance?

Eric Todd Kirk
Eric Todd Kirk answered on Jul 31, 2020

If the state believes that you received unemployment benefits previously that you should not have received, they will separately contact you about repayment. You're ineligible to receive benefits for the stated period. It's not possible to comment on the likelihood of success on the... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Private Short Term Disability and Worker's Compensation Payments.

Hello,

I contracted COVID-19 from my work as a Nurse. I stayed in bed for a week and then 18 days in the ICU. I am on home O2 Therapy for the present time as I continue to suffer from significant shortness of breath among other issues.

A Worker's compensation case has been... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on May 31, 2020

You'd want to make sure that each of these providers -workers compensation and the two private disability insurers- are aware that you are receiving or have been approved for other benefits, and the amounts. The long-term effects of covid-19 are still under investigation may take years to... Read more »

Q: Can I file a suit for personal injury against the Federal government?

I have been harassed by my immediate supervisor for 4 years, I have been to management, Human Resources, union and have even filed an EEO case to no avail. I finally broke and went to a doctor who diagnosed me with severe depression and anxiety and stated I should have no contact with this... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on May 16, 2020

You may have a workers' compensation claim. You should consult with a federal workers' compensation lawyer in a confidential setting.

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1 Answer | Asked in Employment Law, Workers' Compensation and Gov & Administrative Law for Maryland on
Q: My job description/classification in HR does not reflect job scope or duties. This has prevented access to benefits.

I was hired under an open job position, to quickly get me in the door with the understanding that I would be quickly reclassified as I established myself in the company. I have been made to apply for the job I am already performing several times, and have been told that I do not qualify. I received... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 28, 2020

The question raises several issues, and requires more facts and discussion to fully answer. Generally speaking, entitlement to union benefits (or eligibility for membership) depends on the applicable CBA scope. There are federal (FMLA and the recent COVID-19 changes) and Maryland (sick/safe... Read more »

1 Answer | Asked in Appeals / Appellate Law, Personal Injury and Workers' Compensation for Maryland on
Q: If workers comp doc clears me and my doc says I need light duty for 2 more weeks, can I appeal?

I hurt my back, and it is all muscular spasms and pain. The workers comp doc didn't even give a decent assessment and kept telling me to be quiet as I was trying to answer his questions. I have been working light duty, not missing work, just not able to work in my dept. I feel I was treated... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 3, 2020

You will need to hire an experienced workers' compensation attorney to pursue a claim for temporary total/temporary partial wage loss benefits for you. This is a complex claim and a decision by a judge of compensation claims is necessary to resolve the conflict between doctors.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: My question is someone is claiming to be hurt through workers compensation, how do you report it?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland employers should post in the workplace information about Workers Comp, but an injured employee can always contact the Workers Compensation Commission.

Alternatively, an injured employee can reach out to an attorney practicing in this area of law.

1 Answer | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I was injured on the job. Notification to the supervisor was given and supervisor didn’t act until after 30 days.

I have text showing supervisor was notified. I assume my supervisor didn’t act as he said my hernia wasn’t covered.

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Contact a member of the Md. Assn for Justice who handles workers comp --they give free consults.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: How can I get the hand written note from the ime doctor in MD?

I requested a copy of my medical records including hand written notes from the Ime doctor Pushkin in Md. I was advised that state retirement system instruct the office not to give any applicant their medical records including the doctor hand written note. I was advised that I need to get a... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 1, 2019

You can ask the worker's compensation commission to issue a subpoena for your complete file if they will not produce it voluntarily. If they are contending there is some type of work-product privilege, you'll need to hire counsel to address this.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Can they take all my sick and then vacation time for appts
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Apr 26, 2019

To answer your question, they can because they did. The solution is seeking out representation by a qualified attorney who will argue on your behalf. Because they used time that you earned you are entitled to seek payments from the workers compensation insurer. While you may not recover a... Read more »

Q: Is it ethical for an employer to have 1 person who does Human Resources for the entire office inccluding the hiring,

Firing an the disciplinarian, a supervisor to some and the payroll person? I feel it’s very bias but I am not sure if under (Maryland) state law it’s considered legal or ethical? Also, is it ethical or legal for an employer to tell you they are going to deny the a workers conp claim before you... Read more »

Joseph D. Allen
Joseph D. Allen answered on Feb 20, 2019

There is nothing illegal about only having one HR staff person. If an employer complies with the laws and regulations applicable to it, that's all that matters. It's just difficult to do without professional help, as the workers comp incident illustrates. Employers can't retaliate... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Does workers' comp cover me if I'm not going to be able to work at all again?
Eric Todd Kirk
Eric Todd Kirk answered on Sep 14, 2018

If your doctors say you cannot work because of your injuries, then yes you may be entitled to permanent and total disability benefits. These are difficult cases to prove and you should consult with a lawyer.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Someone told me they can fire you when you're off on disability for certain reasons - is that true?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Aug 28, 2018

It does unfortunately happen in some circumstances. Depending on the particular facts of the case a job position may be secure for a period of time. The employer may also be required to offer an accommodation if one is available.

The particular case should be discussed with an attorney....
Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Being denied a second opinion from a doctor of my choosing until I see an IME. Is this legal ?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Aug 28, 2018

This occurs all the time in workers comp cases. Whether or not it is "legal" is a complicated question. If you have an attorney make sure they have filed "issues" with the Commission so that a hearing is set up. It is very likely that even after the IME the second opinion is... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: If I never signed off on a worker's compensation claim and it is still open, am I still entitled to benefits?

In 2001 or 2002 I injured my shoulder at a job. I actually had to have two shoulder surgeries as the same shoulder was injured twice at this job. Now I have been having issues with this shoulder sixteen years later. I never received a settlement or signed off on this injury through the insurance... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Aug 21, 2018

The medical portion of your claim remains open. As long as a doctor is stating that your current complaints are related to a 16 year old injury, you are entitled medical only benefits at this point.

Q: Should I take legal action against my boss?

I got in a car accident while at work and I’m 26 weeks pregnant. While doing my run picking clients up I was rear ended pretty hard and my boss didn’t take me being hurt or if my unborn child was okay into consideration. She was more worried about me finishing my run. When I got back to the... Read more »

Joseph D. Allen
Joseph D. Allen answered on Jul 26, 2018

As far as injuries to yourself and related medical expenses, your situation seems to fall squarely under the workers compensation system. Any non-injury related damages you incurred (or potentially damages to the unborn child) might or might not fall outside workers compensation. It certainly... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: What happens if my workers' compensation claim is denied? Is there an appeals process?
Eric Todd Kirk
Eric Todd Kirk answered on Jul 5, 2018

Yes. You can appeal an adverse ruling at the WCC to the Circuit Court for review.

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