Recent Blog Posts
Assumption of Risk in Maryland Slip and Fall Cases
In Maryland, a defendant in a negligence case can assert and try to prove the affirmative defense that a plaintiff has “assumed the risk” of a particular injury. This means that the defendant should not be liable for the plaintiff’s injuries. The three elements a defendant must establish are: (1) the plaintiff knew that… Read More »
Impact of Video Surveillance on a Maryland Long Term Disability Claim
If you make a claim for disability to an insurer, you should be aware that some insurers conduct video surveillance to assess whether you are being truthful about your injuries or disabilities. They also sometimes check on your social media updates. In a recent case a plaintiff sued Life Insurance Company of North America… Read More »
Effect of Signed Release on Maryland Underinsured Motorist Claim
In a recent case, an insurance company appealed a decision of the Maryland Court of Special Appeals that a general release executed by its insured releasing a tortfeasor’s liability didn’t also waive her claim under her policy’s underinsured motorist provisions. The case arose from a car accident involving one vehicle. The plaintiff Ember Buckley… Read More »
Duty of Hospital ER to Monitor Maryland Patients With Psychiatric Episodes
In a 2013 case a young man, previously diagnosed with schizoaffective disorder, schizophrenia, and depression, was admitted to the ER. He had previously been admitted voluntarily to numerous Maryland hospitals for psychiatric treatment, including the defendant hospital, several times. He was living with his mother and teenage sister at the time in question. His… Read More »
Maximum Medical Improvement in Maryland Workers’ Compensation Cases
In a recent case, the Maryland Court of Special Appeals considered whether a claimant who had reached maximum medical improvement could receive temporary total disability benefits under the Workers’ Compensation Act. The case arose when a 68-year-old claimant working at a CVS pharmacy fell on ice outside her workplace. She hurt her mid and… Read More »
Can Lay Witnesses Testify at Your SSI Hearing?
An experienced Maryland attorney can put together lay witnesses to testify on your behalf should you be required to appear at an SSI hearing. Lay witnesses can help your case by testifying as to real and significant limitations you experienced at work. However, it is important to note that their testimony also has the… Read More »
Can An SSDI Judge Disregard Treating Physicians’ Opinions?
A recent federal case arose after a plaintiff brought a claim for social security disability benefits. He was injured in a car accident in 2004. At first he complained of neck and back pain, which seemed to improve with physical therapy. His pain worsened, however, when he went back to work. An MRI was… Read More »
Are Maryland Policy Holders’ Long-Term Disability Benefits Offset By Social Security Benefits?
The short answer is that it depends on the plan language. However, it is common for plans to include a provision whereby the benefits they owe a claimant will be offset by any Social Security benefits they receive. A Maryland attorney familiar with both private and government disability claims can look at the written… Read More »
“Objective” Evidence of Disability in Maryland Long Term Disability
As we’ve mentioned in other posts, the language of your long term disability plan is controlling in Maryland. An insurer can give itself complete discretion about whether to award benefits. This is one reason it is important to look at your plan documents when you enroll in a plan, and retain an attorney as… Read More »
The Going and Coming Rule in Maryland Workers’ Compensation Cases
In a recent Maryland workers’ compensation case, a firefighter filed a workers’ compensation claim in which he alleged he had been injured on motorcycle while leaving a physical training session at a high school. He was returning to the fire station where he worked on “light duty” because he had a prior compensable back… Read More »
