Workers' Compensation

Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.

To view the case summaries, select one of the general topics listed below.


Maryland Sound Industries, Inc. v. Simmons, et al

28 FLW D904

Court interpreted Maryland law in determining amount of the workers' compensation lien in claimant's third party action. Since the court was interpreting foreign law, (the place where the contract of employment was entered into between the parties), the standard of appellate review is de novo.

The issue in this case is whether non-economic damages (pain and suffering) should be excluded from the total amounts payable to an injured worker in determining the amount of the workers' compensation lien.

Court determined that Maryland law did not specifically address whether an insurance company or employer could base its lien on the entire amount an employee recovers from a third party suit or whether the award for pain and suffering should be subtracted from the total award prior to calculating the lien. Court determined that the amount of the lien should be calculated using the total award or settlement and the amounts received for pain and suffering should not be deducted. This is consistent with Florida law.