Author Archives: Site Administrator
Sudden Incapacity – Part 2
In my case, the claim was that the driver had been ill and passed out due to dehydration. I filed a lawsuit for my client and began the discovery process. I retained a medical expert to review the driver’s medical records, which were inconsistent with someone who passed out due to dehydration. When I… Read More »
Sudden Incapacity – Part 1
I recently handled a case where my client was traveling down the road, minding his own business, when suddenly, and without warning, a car traveling in the opposite direction crossed the center line and hit him head-on. The impact was big, and my client suffered significant and permanent injuries. When the police arrived, it… Read More »
What Really Happens in a Maryland Workers’ Compensation Case
Getting injured is no fun at all, and when you get injured on the job, there are often many hurdles to overcome. Founding partner Cliff Sobin wrote a two-volume treatise to help attorneys navigate Workers’ Compensation claims. This treatise is crafted for attorneys to use when representing injured workers, and Cliff wanted to put… Read More »
Child Safety Seats
Car seats for children have been around since at least the 1930s, but they weren’t necessarily designed for safety, they were more for child storage. Over times the seats evolved and relics such as travel cribs for your car fell out of use. In the 1970s, when I was a child, it was not… Read More »
Move it on Over, Slide it on Over
The law regarding a driver’s duty relating to emergency vehicles changed in October of 2018. On the approach of an emergency vehicle with lights a sirens, you are required to pull to the side of the road and let the emergency vehicle pass. Everyone knows that. The change to the law, is what has… Read More »
Death Benefits for the Dependents of Public Safety Members Where the Occupational Disease was the Cause of Death in Labor & Employment §9-503 Cases
I. Determining Dependency a. Who may be dependent and when the determination is made. In general, a dependency determination is established through proof of financial support to the individual seeking the determination. The determination is made both on the date of disablement and the date of death2. If an individual is not dependent on… Read More »
Average Weekly Wage Determinations After Stine v. Montgomery County, MD and Richard Beavers Construction, Inc. v. Wagstaff
In the vast majority of workers’ compensation claims, the issue of Average Weekly Wage is not contested or litigated and, often, the employer/insurer’s counsel does not even submit a wage statement as part of their exhibit packet. In most cases this is not a problem; however, in some situations it can mean the difference… Read More »
Is That a Hawk?
I saw something recently that I had not seen before. There is a crosswalk I pass every day on the way to work at an intersection with no traffic light. The roadway has a speed limit of 40 miles per hour, so it wasn’t the safest place to cross, but there was a crosswalk… Read More »
How the Safety Appliance Act Enhances Your FELA Claim – Part 2
In Part 1 we learned that the Safety Appliance Act is a powerful tool for injured railroaders. If you are injured by the failure of the railroad to install or maintain any of the safety devices required by the Safety Appliance Act, you do not need to prove the railroad was negligent. However, you… Read More »
How the Safety Appliance Act Enhances Your FELA Claim – Part 1
When a railroader gets injured on the job, the claim is always governed by the Federal Employers’ Liability Act (FELA). But some FELA injury cases are enhanced by the Safety Appliance Act, a federal law first enacted in 1893. Typical FELA cases require the injured railroader to prove some negligence on the part of… Read More »