» Workers Compensation

D.C. Court of Appeals clarifies the method to assign permanent partial disability awards

COURT OF APPEALS CLARIFIES THE METHOD TO ASSIGN PERMANENT PARTIAL DISABILITY AWARDS UNDER THE D C WORKERS’ COMPENSATION ACT             Like many other workers’ compensation statutes, the D.C. Workers’ Compensation Act [Act] provides a schedule setting forth the amount of benefits that may be awarded for th…

Virginia Workers’ Compensation:  Injury After Clocking Out

In Jones v. The Woodlands, Inc., Jurisdiction Claim No. VA00001035833 (March 29, 2016), the Virginia Workers’ Compensation Commission ruled that an employee injured on the employer’s premises but after he had clocked out was not injured in the course of his employment.  The Commission reversed the Deputy…

Avoiding the Late Payment Penalty

Compensation awarded in an Order must be “paid within 10 days after it becomes due” or a statutorily mandated twenty-percent penalty shall be imposed. D.C. Code § 32-1515. In Daly v. D.C. Dep't of Empl. Servs., 2015 D.C. App. LEXIS 359, 12-13 (D.C. Aug. 6, 2015), the Court held that payment becom…

D.C. Workers Compensation Act Amended to Provide for Reversion of Third Party Claims

The District of Columbia Workers Compensation Act provides for an automatic assignment of the right to sue a third party to the employer if the person entitled to compensation does not file suit within six months after being awarded compensation in an order. D.C. Code § 32-1535(b). This provision had been…

Workers' Compensation Claims Management in the District of Columbia and Maryland

This article presents insights into the management of workers’ compensation claims in the District of Columbia and Maryland.  READ MORE

Light Duty Programs in the District of Columbia

Instituting a light-duty program can result in substantial savings. Many employers use some form of light duty program to limit long term exposures, and to encourage re-integration of disabled employees into the workplace. Some find it can be an effective component of the risk management plan by fostering safe work practice…

Maryland workers’ compensation: causal relationship required to relate a second injury to original

A recent Maryland Court of Special Appeals decision, Washington Metropolitan Area Transit Authority v. Williams, 2012 Md. App. LEXIS 46 (Md. Ct. Spec. App. 2012) has clarified the status of the law in Maryland with respect to the causal relationship required to demonstrate that a second injury (which is not physically re…

Virginia Insurance Coverage:  Supreme Court interprets auto policy’s workers compensation exclusion

In Christy v. Mercury Casualty Company, No. 102138 (March 2, 2012), the Supreme Court of Virginia held that an exclusion in an automobile insurance policy barred the insured from receiving any payment for medical expenses where a portion of medical expenses had already been paid by workers' compensation benefits.…

Maryland Workers’ Compensation Defense:  Court rejects special mission exception

In Garrity v. IWIF, No. 1185, September Term, 2010 (Md. App. February 9, 2012), appellant was a part-time bailiff at the District Court for Baltimore City, where he was involved in an automobile accident as he was returning to the courthouse.  Appellant had already arrived at work earlier in the morning but realized…

D.C. Workers' Compensation Defense: Key events every adjuster should know

As the Court of Appeals frequently notes in decisions concerning the D.C. Workers’ Compensation Act, the Act is to be liberally construed in keeping with its humanitarian purpose of providing financial and medical benefits to workers who injured in the course of their employment. See, e.g. Grayson v. DOES, 516 A.2d 909, 9…