Joseph Greenwald & Laake, PA Blog - Workers' Compensation
Will Medical Marijuana Be Considered a Compensable Form of Treatment Under Maryland Workers’ Compensation Law?
Local Government Employees May Not Sue Their Co-Employees For Tortious Acts Committed Within The Scope Of Their Employment, Says Unanimous Court Of Special Appeals
In a recent ruling from the Maryland Court of Special Appeals, Blue v. Arrington, Case No. 1036, Sept. Term 2013, (January 30, 2015), the court upheld the provision of the Maryland Local Government Tort Claims Act (“LGTCA”) which prohibits a local government employee from suing “a fellow employee for tortious acts or omissions committed within the scope of employment if the injury sustained by the local government employee is compensable under the Maryland Workers’ Compensation Act.” See Md. Code Ann., Cts. & Jud. Proc. § 503(c).
In A Workers Compensation Case, Remember You Can Implead In The Alternative – Accidental Injury Or Occupational Disease
The Commissioners prefer you do not file in the alternative. They want a nice clean case presented. However, you still have a right, and probably an obligation, in some duly contested cases, to file in the alternative.
In occupational disease cases, there must be a showing of industrial loss of use, often evidenced by loss time. One recent case involved a food service worker in a public school system. The worker was extremely dedicated and never wanted to miss work, but she was injured by a repeatedly broken deli slicer, which, on its face, sounds like an insidious onset over time and not one accident.