Appellate Victories
Montgomery County v. Pirrone
The presumption for heart, lung and hypertension being job related applies to Public Safety workers even after retirement or while off duty.
Downer v. Baltimore County
Emergency medical technicians (EMTs) are public safety employees and are entitled to the same enhanced compensation benefits of other public safety employees.
Fikar v. Montgomery County, Maryland
Injured workers who are receiving service-connected disability retirement can also receive vocational rehabilitation services.
City of Frederick v. Shankle
Employer medical experts who give opinions that the presumption for public safety occupational diseases is not scientifically sound will not be allowed to testify.
Montgomery County v. Deibler
Public Safety workers who are being paid full salary while on light duty can still receive compensation for lost wages they had been earning through overtime prior to their injury.
Montgomery County v. Cochran and Bowen
Clarifying that the occupational deafness statute calculates the age deduction for hearing loss for fire fighters and other injured workers from the last date of injurious exposure, not the date of their audiogram.
Collins v. Montgomery County
Widows and dependents of deceased injured workers are not barred from pursuing benefits if the deceased injured worker had settled their claim before they died.
Roberts v. Montgomery County
It is a work related injury even if injured off the premises, while doing physical training or traveling between assignments in a personal vehicle, if the injured worker was “on the clock” at the time of the injury.
Anderson v. Board of Educ. of Montgomery County
The Commission can award an injured worker greater benefits by combining disability to two specific body parts injured at the same time to an award of disability to the body as a whole.
Bridgett v. Montgomery County
Workers can be entitled to compensation for a medical condition even if no specific study exists relating the condition to that occupation if it can be shown that the duties of the job can lead to the medical condition.
Montgomery County v. Rios
The ability to reopen a workers’ compensation claim when an injured worker’s injury or disease worsens over time was afforded greater flexibility.
Stine v. Montgomery County
The necessity of alternative methods used to calculate an injured worker’s Average Weekly Wage where the standard method would cause an unfair result, was affirmed.
Baltimore County v. Quinlan
Physical injuries that gradually develop over a long period time, rather than from a specific event, are considered to be covered as a work related occupational disease where the job is determined to be the cause of the injury.
DeMott v. CSX Transportation, Inc.
There is a genuine issue of material fact as to whether the Plaintiff was disciplined based upon protected activity under the Federal Rail Safety Act Whistleblower law.
CSX Transportation, Inc. v. Pitts
Upholding a significant jury verdict in a repetitive trauma disorder claim on behalf of a railroad employee.
Baltimore County, Maryland v. Thiergartner
Baltimore County was not entitled to a complete offset of Workers’ Compensation benefits based upon the Claimant's receipt of a deferred retirement option payment.
