Thursday, July 1, 2010

Filing For Worsening Disability Maryland Workers Compensation

The Maryland workers compensation commission has the power to modify any prior award provided certain conditions are met. One such condition is that the injured worker prove a worsening disability in fact with in 5 years from the date the last compensation is paid. Additionally the injured worker must file a petition alleging the worsening disability. The court of appeals had an opportunity to address the issues in Dove 943 A2d 662. Ultimately the court decided the claimant satisfies the requirements of Maryland law by filing the motion for reconsideration alleging worsening disability, which he can prove in fact. provided the reconsideration is filed with in 5 years from the last compensation payment.