An Extension of the Exclusivity Provision? Supreme Court of Maryland Rules 4-3 that the Workers’ Compensation Act excludes Wrongful Death Claims by Non-dependents.
July, 2025 | By Colin C. Smith
On July 1, 2025, the Supreme Court of Maryland, in a 4-3 decision, held that the exclusivity provision of the Maryland’s Workers’ Compensation Act (“the WC Act”) bars non-dependent adult children of deceased covered employees from bringing wrongful death actions. In February of 2021, John Ledford, an employee of Jenway Contracting, Inc. (“Jenway”), suffered a…
The Maryland Legislature 2025 Session Yields Four Pieces of Legislation That Will Impact Employers/Insurers in the State
May, 2025 | By Daniel J. O’Hara
UPDATE: After the legislature passed the following four bills, Governor Wes Moore vetoed HB 193/SB 219 – Uninsured Employers’ Fund – Assessments and Special Monitor, as well as SB 227 – Workers’ Compensation – Payment from Uninsured Employers Fund – Revisions. As a result, these bills did not go into effect on July 1, 2025…
CMS Announces Changes For 2025 Impacting Settlement of Workers’ Compensation Claims
April, 2025 | By Lawrence G. Giambelluca
Parties to a workers’ compensation claim must protect the interests of Medicare when settling any claim. As the law itself is somewhat vague on how that is to be accomplished, the Centers for Medicare & Medicaid Services (CMS) routinely publish notices and guidelines with advice and recommendations. This year, CMS has updated its Guidelines in…
Preparing for a Sunset of the Federal Estate Tax Exemption
This article was authored by Semmes law clerk Gabrielle Rachuba.
October, 2024 | By Carl E. Eastwick
The Federal Estate Tax is a tax on the transfer of property at death. The Federal Estate Tax Exemption sets the maximum value of assets an individual can leave to their heirs upon death without incurring Federal Estate Taxes. In other words, estates valued below the exemption threshold are not subject to Federal Estate Tax.…
Changes to Medicare Set-Aside Reporting in Workers’ Compensation Claims
July, 2024 | By Lawrence G. Giambelluca
Earlier this year, the Centers for Medicare & Medicaid Services (CMS) issued an alert announcing changes to the reporting requirement of workers’ compensation settlements that will become effective as of April 2025. Medicare has always required that parties “protect their interests” when entering into settlements. Generally speaking, the parties are required to ensure that no…
Occupational Disease Must Be a Known Risk to a Particular Profession for Employer to Be Liable in Maryland
July, 2024 | By James S. Maloney
Under the Workers’ Compensation Act, an employee is to be compensated by their employer if they become partially or totally incapacitated due to an occupational disease acquired in the course of their employment. Md. Code, Lab. & Emp. § 9-101(g) defines occupational disease as “a disease contracted by a covered employee: (1) as the result…