Author Archives: Site Administrator
Average Weekly Wage Determinations After Stine v. Montgomery County, MD and Richard Beavers Construction, Inc. v. Wagstaff
In the vast majority of workers’ compensation claims, the issue of Average Weekly Wage is not contested or litigated and, often, the employer/insurer’s counsel does not even submit a wage statement as part of their exhibit packet. In most cases this is not a problem; however, in some situations it can mean the difference… Read More »
Is That a Hawk?
I saw something recently that I had not seen before. There is a crosswalk I pass every day on the way to work at an intersection with no traffic light. The roadway has a speed limit of 40 miles per hour, so it wasn’t the safest place to cross, but there was a crosswalk… Read More »
How the Safety Appliance Act Enhances Your FELA Claim – Part 2
In Part 1 we learned that the Safety Appliance Act is a powerful tool for injured railroaders. If you are injured by the failure of the railroad to install or maintain any of the safety devices required by the Safety Appliance Act, you do not need to prove the railroad was negligent. However, you… Read More »
How the Safety Appliance Act Enhances Your FELA Claim – Part 1
When a railroader gets injured on the job, the claim is always governed by the Federal Employers’ Liability Act (FELA). But some FELA injury cases are enhanced by the Safety Appliance Act, a federal law first enacted in 1893. Typical FELA cases require the injured railroader to prove some negligence on the part of… Read More »
Can the Railroad Retaliate Against Me for Following my Doctors Orders When My Medical Problem Happened Off Duty; Part 3 of 3
Part 3 As we discussed in Part 1, it seemed obvious that the FRSA protected railroad employees who follow their doctor’s orders for non-work related injuries. But as we learned in Part 2, some courts don’t care what a statute says – in the Bala/PATH decision the Third Circuit admitted that subsection (c)(2) of… Read More »
Can the Railroad Retaliate Against Me for Following my Doctors Orders When My Medical Problem Happened Off Duty; Part 2 of 3
Part 2 As we discussed in Part 1, it should be obvious that the FRSA should and does protect railroad employees who follow their doctor’s orders for non-work related injuries, including time off work. That’s the safe thing to do for the employees and the public, and subsection (c)(2) of the FRSA seems clear… Read More »
Can the Railroad Retaliate Against Me for Following my Doctors Orders When My Medical Problem Happened Off Duty; Part 1 of 3
Part 1 It seems pretty obvious, if you have an injury or illness outside of work, and your doctor prescribes certain treatment, the law should protect you for following your doctor’s orders. A common part of a doctor’s medical treatment plan for someone with a serious injury, is to take them out of work…. Read More »
The Boulevard Rule
The Maryland Boulevard Rule holds that motorists on a through highway have the right of way over vehicles entering the road from side streets, driveways, and similar locations. The Court summed it up pretty succinctly: “The purpose of the Boulevard Rule is to ‘facilitate the free flow of traffic on major thoroughfares by preventing… Read More »
How Much is My Auto Accident Case Worth?
One of the most often asked questions from my clients is, “how much is my case worth?” The answer is, “it depends.” There are many different factors to consider to determine the value of a personal injury case. First, it depends on your treatment. If you, for example, attend a few physical therapy sessions… Read More »