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ContactThe Law Enforcement Officers' Bill of Rights ("LEOBR") affords certain protections to officers who find themselves the subject of administrative disciplinary proceedings. While the language of the statute is clear as pertains to what rights an officer retains throughout the disciplinary process, it is entirely unclear with respect to when those rights are triggered. Specifically, the statute states that the LEOBR is implicated in any situation where an officer could face disciplinary action-a simple enough proposition-yet a recent unreported opinion by the Maryland Court of Special Appeals significantly complicates the application of the black letter law.
Maryland Workers' Compensation Basics: Do you know what to do when injured on the job?
On the job injuries often come along with a lot of hard questions.
How will I pay my bills if cannot work?
Who will pay for my medical bills?
What do I do now?
Who can help?
Workers' (no longer "workmens") Compensation is a term that most have heard about, but few fully understand all the details. Most of us only learn about the rules of workers' compensation when we are forced to after an on-the-job injury. If you have been injured on the job, know that you are not alone (Maryland employers reported over 90,000 work injuries last year) and there are a lot of resources available to help you on your road to recovery.
A Personal Reflection
Sidney SchlachmanI started working as an attorney with Sidney Schlachman in June of 1972, a relationship that endured for the next 46 ½ years until his death on January 26, 2018. Sidney told me that an attorney's word is sacred and must never be compromised no matter what happens as a case proceeds to final resolution. In all of those 46 and ½ years, I asked him to do many things to assist me and our Firm in representing our clients and I can state with certainty that he never said no to any of my requests for assistance.
What to Do After a Car Accident in Maryland
Over six million car accidents occur every year in the United States. One third of them involve personal injury to the driver or passengers. If you are involved in a car accident in Maryland, there are certain things that you must do to protect yourself and your legal rights. The following is a list of steps to take following a car accident in Maryland.
Maryland's Red Flag Law and Your Rights
On October 1, 2018, Maryland's extreme risk protective order law took effect. The "red flag" law, as it has been called, was enacted to establish a process by which a petitioner may seek a court order to prevent a respondent from purchasing or possessing any firearm or ammunition for the duration of the order under specified conditions. Principally, the law provides a means to prevent the possession of or to remove firearms from the possession of individuals who pose a threat to themselves or others. The law was first proposed as a response to the Great Mills High School murder-suicide and mass shootings at the Capital Gazette in Annapolis and in Jacksonville by a twenty-four-year-old from Howard County, as well as other acts of gun violence by individuals who never should have been allowed to access to firearms
In Seaborne-Worsley v. Mintiens, 2018 Md. LEXIS 188 (2018) the doctrine of imputed negligence suffers yet another blow
In Seaborne-Worsley v. Mintiens the Court of Appeals of Maryland reexamined the doctrine of imputed negligence as it relates to contributory negligence on the part of an injured owner-passenger. In an acerbic opinion by Judge McDonald, the Court further limited the already withering doctrine's application.
The pertinent facts of the case are as follows: Mrs. Seaborne-Worsley was a passenger in a vehicle operated by her husband, and they were both on their way to pick up a take-out order. Mrs. Seaborne-Worsley was the sole owner of the vehicle. Mr. Worsley drove the vehicle into the parking lot of the restaurant and stopped the vehicle perpendicular to the handicapped parking spaces, outside of the carry out window of the restaurant. Notably, Mr. Worsley did not park his vehicle in a designated parking spot. Mr. Worsley then exited his vehicle and Mrs. Seaborne-Worsley remained in the car in the front passenger seat. As Mrs. Seaborne-Worsley waited in the car, Mr. Mintiens exited the restaurant and entered his vehicle, which was parked in a parking spot. As Mr. Mintiens exited his vehicle he backed his vehicle into the Worsley vehicle, causing injury to Mrs. Seaborne-Worsley.
Baltimore County Jury Awards $500,000 to Plaintiff in Medical Malpractice Case
On January 11, 2012 the Plaintiff was admitted to St. Joseph's Medical Center for surgery, and stayed at the hospital for several days to recover. Plaintiff claimed that during his stay at the hospital, nurses at St. Joseph's Medical Center did not turn and reposition the Plaintiff to relieve pressure on his skin. By the time the Plaintiff was discharged, he had developed a severe pressure injury, or bed sore, on his back side.
Retired Police Officer recently acquitted by Prince George's County jury in Worker's Compensation Fraud trial
Schlachman, Belsky & Weiner, P.A., is pleased to report that on Tuesday, March 8, a retired Prince George's County Police Officer was found not guilty of felony Worker's Compensation Fraud and felony Theft following a jury trial. The prosecution alleged that, prior to his retirement, the officer had fraudulently attempted to claim worker's compensation benefits for an on-duty incident that never occurred in Prince George's County.
Maryland nursing home falls and resulting injuries
As discussed previously in this blog, serious injuries can be suffered when a traumatic accident occurs suddenly, such as a car accident that brings a high amount of force and energy. However, it is not necessary for these extreme events to occur before Marylanders suffers a serious personal injury.
This is particularly true for elderly Baltimore residents, who may be more susceptible to injury from relatively common events, like a fall, including those who are under the care of others in a nursing home. According to the Centers for Disease Control and Prevention (CDC), there are about 1,800 older adults who die every year because of injuries they suffer from falls in nursing homes. An average nursing home has between 100 and 200 falls each year, with many of them going unreported. In many instances, the same individual suffers multiple falls per year.
Additional risks associated with truck accidents
Considering the amount of cars and drivers on the road in the United States each day, it is not surprising to see or hear a news report about a car accident and its affect on traffic. Due to numerous safety precautions and car technologies geared to minimize the dangers of a car accident, thankfully most accidents are minor and do not lead to significant injuries. The same cannot be said for truck accidents however.
Due to their incredibly large size in relation to a car, victims of a truck accident often suffer from catastrophic or fatal injuries. There are many reasons why trucks are a cause for concern to car drivers on the road.
