Semmes Law Updates

In a narrow set of cases, Commission may use its discretion when calculating average weekly wage. It is critical for employers to carefully document employee attendance, which may serve as an important defense where claimants do not have valid reasons for missing time from work in the weeks preceding the work accident.

In R.K. Grounds v. Wilson, 235 Md. App. 20 (2017), the Maryland Court of Special Appeals held that the Workers’ Compensation Commission does not have jurisdiction to decide whether money from a settlement of a claim is subject to garnishment. Rather, it is the circuit court that has subject matter jurisdiction to decide garnishment issues.

Relying on WV. Code § 23-4-1e(b) and the “Full Force and Effect” doctrine, the Supreme Court of Appeals of West Virginia denied a former inmate workers’ compensation benefits as the claimant was “confined” in a state correctional facility and not “entitled to benefits offered to state employees.”

The United States District Court for the District of Maryland vacates an order of default, even with evidence of defendant’s dilatory conduct, finding that absent prejudice to the plaintiffs, filing the motion to vacate three weeks after entry of the order is prompt.

Relying on the legislative history of LE § 9-610 and Reynolds v. Board of Educ. of Prince George County, 27 Md. App. 648 (1999) , Maryland Court of Special Appeals affirms Circuit Court’s decision that “similar” in “similar benefits” refers to the nature of the benefit and not the nature of the underlying injury.

Fourth Circuit affirms grant of summary judgment; rejects Plaintiff-Appellant’s claims that employer violated his FMLA rights by failing to restore him to the same or a bona fide equivalent position and by terminating his employment shortly after his return from medical leave.