Del Marr v. Montgomery County, Maryland
The Maryland Self-Insurers and Employers Compensation Association (MSIECA)
joined the MDC in an amicus brief filed on behalf of the successful
appellee, Montgomery County. MDC and MSIECA argued that when permanent
partial disability benefits are increased in a workers’ compensation matter
due to worsening of the injured worker's condition, a credit for previous
benefits should be based upon the weeks of benefits previously paid. The
Court of Appeals relied upon MDC/MSIECA’s argument that this “weeks-based
formula” should be adopted because it is consistent with the entire
statutory scheme of the Workers’ Compensation Act, rather than the
“dollar-based formula” advanced by the Claimant, which would benefit the
Claimant in this case but make it impossible for a single rule to be applied
in all cases.
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MDC’s Amicus Brief
Montgomery Mutual v. Chesson
MDC supported successful Petitioner Montgomery Mutual Insurance Company at both the petition and merits phases before the Court of Appeals, along with fellow Amici Curiae, National Association of Home Builders (“NAHB”) and the National Multi Housing Council (“NMHC”). The Maryland Court of Appeals ruled that the diagnoses and medical causation opinions of Dr. Ritchie Shoemaker in an
office mold exposure workers’ compensation case must be subjected to scrutiny under Maryland’s version of the Frye test.
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