Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-1102 (2014) § 10-1102. Prelitigation discovery of insurance coverage. After a claimant files a written tort claim concerning a vehicle accident and provides the documentation described in § 10-1103 or § 10-1104 of this subtitle to an insurer, the claimant may obtain from the insurer documentation of […]
Yearly Archives: 2015
SHIFTING BURDENS OF PROOF IN A WORKERS COMPENSATION CLAIM
STATEMENT OF FACTS ANSWERS TO INTERROGATORIES 1. If you contend that you sustained an injury to in the course of your employment at Fitzgerald Auto Mall, Inc., as defined by the Maryland Labor and Employment Code Annotated, and the Maryland case law, state with precision the factual and legal basis for this contention. ANSWER: I […]
Traffic Court Decisions admissible in Civil Trial
Admissability of Traffic Court Finding in a Civil Case. 1. If the defendant pleads guilty in traffic court, the guilty plea is admissible in a subsequent civil case. See Miller v. Hall, 161 Md. 111 (1931). It is admissible as an admission. See See Crane v. Dunn 382 Md. 83 (2004) for a full discussion
Preparing For The Unexpected Auto Accident
Preparing For Unexpected Auto Accident No one expects to be in a car accident, but there are certain things you can do whenever you get in the car to make sure if the unexpected does happen – you are prepared. ALWAYS wear your seat belt. Wearing a seat belt reduces a front seat occupant’s risk […]
Casual Employment Under Maryland Workers Compensation
STATEMENT OF FACTS 1. On or about September 15, 2013 the Plaintiff, alleges that while working in Frederick on a painting job for Painting and Remodeling, Inc. he slid off the roof and fell twelve feet to the ground thereby injuring his back and shoulder. (see attached workers’ compensation claim form and Workers Compensation transcript […]
Loss of consortium allocation attacked by a Workers Compensation Insurance Co
Can an allocation for loss of consortium be attacked by a Maryland Workers Compensation Insurance company if it materially prejudices their ability to recover their lien or increase their holiday? Issue- Whether Insurer suffered material prejudice as the result of the division of the proceeds from the third party settlement i.e., because the reasonable dollar […]
No Appeal Of Workers Compensation Commission Decision To Reserve On An Issue?
Issue: Can you appeal a Workers Compensation Commission decision to reserve on an issue? At that hearing on April 2, 2013 despite the issue of the holiday and the material prejudice having been raised, the Maryland Workers Compensation Commission on 4-26-13 ordered the workers’ compensation carrier to pay the medical bills up front and ordered […]
Common Questions Asked at An Auto Accident Trial
On your trial date in District Court your case will be scheduled along with five or ten other cases. Your case is a public trial, meaning anyone is entitled to view its proceedings. At least several people will be in attendance to hear your case, as other individuals will be waiting for their cases to […]
What is considered a medical service covered by the Maryland Workers Compensation Statute?
Md. Labor and Employment Code Ann. § 9-660 9-660. Provision of medical services and treatment (a) In general. — In addition to the compensation provided under this subtitle, if a covered employee has suffered an accidental personal injury, compensable hernia, or occupational disease the employer or its insurer promptly shall provide to the covered employee, as […]