Insights

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 fatal fall while working. Summer Ledford, John Ledford’s daughter, was…

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 as stated below.   The Maryland Legislature concluded its session…

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 several key areas, signifying increased scrutiny of settlements. As in…

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. The Tax Cut and Jobs Act of 2017 (TCJA) doubled…

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 medical bill gets submitted to Medicare that is the responsibility…

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 of and in the course of employment; and (2) that…