 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
King v. Board of Education of Prince George's County6/10/1999
al disease claim, whether mental or physical, must satisfy the statutory standard of § 9-502(d)(1)(i), i.e., the alleged disease must be "due to the nature of an employment in which hazards of the occupational disease exist."
King can not satisfy this threshold requirement. Her evidence and arguments before both the Commission and the circuit court indicate that she was an overworked employee in a mismanaged position. She presented no direct evidence that the stress-related illnesses of somatization disorder and/or major depression were somehow inherent in the nature of the position of transportation assistant. Nor did she present evidence that these illnesses would not occur in equal frequency in any other occupation in which employees were overworked and/or mismanaged.
Instead of presenting evidence of the hazards inherent in the occupation of transportation assistant, King presented evidence of the hazards in her specific job . Such evidence is consistent with her claim that when the Legislature used the phrase "due to the nature of an employment in which hazards of the occupational disease exist," it intended to equate "employment" with a specific job. This argument is contrary to Maryland law. "Employment" in the context of § 9-502 (d)(1)(i) does not mean the specific job in which the person is working; it means the profession or general occupation in which the person is engaged. See Means, 344 Md. at 671, 689 A.2d at 1242 ("We conclude that Means's asserted PTSD may be reasonably characterized as due to the general character of her employment as a paramedic") (emphasis added); Davis, 336 Md. at 237, 647 A.2d at 451 ("We agree with the circuit court's observation that ` arassment by fellow employees is n a hazard within the nature of the employment of a computer data operator'") (emphasis added) (alterations in original); Victory Sparkler Co. v. Franks, 147 Md. 368, 379, 128 A. 635 (1925) ("[An occupation or industry disease] has its origin in the inherent nature or mode of work of the profession or industry, and it is the usual result or concomitant.") (emphasis added). Because King failed to present any evidence that somatization disorder and/or major depression may be reasonably characterized as due to the general character of her employment as a transportation assistant, the circuit court properly granted Respondent's motion for summary judgment.
JUDGMENT AFFIRMED WITH COSTS.
Page 1 2 3 4 5 6 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|