 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Jung v. Southland Corp.3/27/1997
s' Compensation Act for increases in payment. Due to the permanent nature of the injuries that are the subject of a § 9-638 award, the Legislature has recognized the loss in value such an award will experience over time. If the Legislature had intended to confer a similar type of benefit upon the temporarily disabled, we presume it would have said so.
It may be that the Workers' Compensation Act was enacted in its present form based in part on a concern for predictability and administrative ease; a claimant may have multiple periods of disability. As stated in DeBusk v. Johns Hopkins Hosp., 342 Md. 432, 440, 677 A.2d 73 (1996), "predictability . . . is the cornerstone of the workers' compensation scheme," but "predictability and administrative ease, in the workers' compensation statutory plan as in all things, come at the price of some flexibility in unique or unusual circumstances." Id. at 438.
Conclusion
We see nothing in the Workers' Compensation statute that authorizes a computation of average weekly wage other than as of the time of the accidental injury . While § 9-602(a)(3) does provide that expected increases in wages may be taken into account by the Commission, the determination must be made as of the time of the accidental injury.
JUDGMENT AFFIRMED; COSTS TO BE PAID BY APPELLANT.
Page 1 2 3 4 5 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|