A “presumption is a legal term which indicates that a judge will “presume” a fact in evidence, unless or until other facts are introduced to show that such evidence is not to be presumed. For example, in fatal on the job accident cases, if the victim is found at a place, time & manner consistent…
Continue readingThe denial of even the limited benefits of workers compensation to severely disabled due to brain injury due to a loophole in Virginia law has several legislators looking to fix the law this session. House Bill 1475 would help workers injured in unwitnessed accidents who are unable to recall the circumstances of the incident due…
Continue readingEven where an injured worker has settled his or her claim with a structure that pays money annually for medical care for the on the job accident, the Federal Government can still come in and help if the funds fall short, as discussed in yesterday’s post on lump sum settlements. The Center for Medicare and…
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The move by the Maryland Workers Compensation Commission to require Center for Medicare and Medicaid Services (CMS) approval of settlement that meet the criteria for review has “The Free State” joining the ranks of its neighbors in adding another procedural hurdle to the compromise of on the job accident claims. Experienced workers comp lawyers have…
Continue readingState Workers Compensation claims are becoming more complex. In the past, if the insurance company, the employer, the injured worker and their lawyer agreed to a compromise settlement, a Maryland workers compensation judge could approve the settlement and payments would then be made. Now the Maryland Workers’ Compensation Commission (WCC) is proposing to make permanent…
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