Orders and Appeals

document in envelopeThis article explains Orders of the Maryland Workers’ Compensation Commission, what will happen next, and how we can appeal if you do not like the result. 

I always call people about these Orders, but I often see my mail early or late so we may not be able to talk immediately. Call me if you get this and we have not yet spoken.

And you may need to review this information more than once. So I made this post you can read at your convenience.

This post covers all sorts of Orders, so some of it may not apply to your Order. Scroll down and read the sections below that do apply to the Order you received. The sections are divided by the benefit we were seeking at the hearing. Appeals are explained at the bottom.

Yes, these Orders are confusing! I have never liked the format of these Workers’ Comp Orders! They are confusing in the way they are worded and organized. This makes them difficult to understand. This is particularly true of Orders for permanent partial disability benefits. 

We will personally discuss the exact details of your Order, but here are some tips to help you figure out the details of your Order based on what was awarded.

Orders for Permanent Partial Disability Benefits

The Order will usually first state what your temporary total disability benefits were, and when they were paid. This has almost always been paid already, and is usually not something we fought about at the hearing. But the Commission will set it out in your award anyway.

The actual award of permanent partial disability is usually set forth in a separate paragraph. When the Order awards money, they make that money payable over a certain period of time, at a certain rate per week – and you have to do the math to figure out the total.

I will break it down for you when we talk, but if we haven’t spoken about it yet, here is how to figure it out. (I may have hand written it on the copy I emailed you if you got an email about this post, so look there first.)

Multiply the weekly payment by the total number of weeks awarded to get the total. Then subtract the fees and costs at the bottom (under the paragraph that starts “It is further Ordered . . . “). The amount remaining is what you will get in your pocket.

My fees are never more than 20% of the total award. Sometimes my percentage goes down if you get more money, but it will never be more than 20%. Costs that we advanced are reimbursed in this final award, and they should be stated clearly in this Order. 

THERE ARE TWO PARAGRAPHS IN ALL CAPS THAT SHOW UP IN EVERY PERMANENCY ORDER. THEY MAKE IT SOUND LIKE YOUR AWARD IS TAXED. THAT IS NOT TRUE. 

Pay no attention to these two paragraphs. This is for the insurance company – not for you. The insurer pays a tax on top of your award to fund those two entities. That tax is extra to them. It does not reduce your award. 

I REALLY WISH THE WCC WOULD CHANGE THEIR ORDERS TO MAKE THIS CLEAR. AND I REALLY WISH THEY WOULD STOP WRITING THOSE PARAGRAPHS IN ALL CAPS LIKE THIS. IT IS ANNOYING. 

Pay attention to the start date of the weekly payments. The WCC backdates the start of the weekly payments to the last date you received a check from the insurer. So the actual check you receive will be a “catch up” check covering all the payments due from the start date through today, and future checks every week until the total is paid off.

If you last received a payment some time ago, this catch up check may be large. If that last payment from the insurer was far enough in the past to make all the payments due and owing today, then you will get it all in one check. (This is confusing as heck and I hate how they do this. Don’t blame the WCC though. It’s because of how the Maryland workers’ compensation statute is written by your politicians in Annapolis.)

The insurer must pay within 15 days of date of the Order. They will likely send the first check to me directly, and we will call you when we get it.

Orders for Medical Care

If the Order approves medical care, go ahead and schedule it now. Tell the doctor’s office you won. Give them a copy of the Order. I can also send them a copy of the Workers’ Compensation Commission’s Order if they need it.

Any treatment ordered will now be approved. Tell them to call the insurer for payment. If they have any problems, have them call my office.

Contested Claims

If your claim was contested from the beginning, the Workers’ Compensation Commission should have decided whether the claim is “allowed” (which means you won) or “disallowed” (which means you lost). Apparently we lawyers we can’t just say “won” or “lost” like normal people!

Appeals

If you wish to contest this decision by an appeal, there are tight time limits in which to do so. You can appeal this decision within 30 days of the date of the Order (not the date you received it – the actual date of the Order) by filing a Petition for Judicial Review in the Circuit Court of the Maryland County in which you live. If you do not file your appeal within 30 days of the date of the order, you will forever lose your right to appeal.

This is like filing a lawsuit in Circuit Court and asking for a jury trial. The first level in workers’ comp is the hearing we just did before the administrative law judge. The second level is a jury trial. The jury will make the ultimate decision. The party filing the appeal is asking the jury to overturn the decision of the Commissioner.

Like any other jury trial, it can take up to a year to have your trial. There is nothing we can do about that. The Court is already forced to set it as early as possible under Maryland law. The Courts are just that backed up.

An appeal operates like any other jury trial. You should read my post under the personal injury section of our client resources page titled “Roadmap of a Lawsuit” if you want to know how it will progress.

Failure to file your appeal at the Courthouse within 30 days of the date of the Order will forever prevent you from appealing this decision. Call me immediately if you think we need to appeal, and be mindful of that deadline.

Obviously, the insurer can file an appeal too. However, if the WCC Ordered benefits paid to you, the insurer does not normally get to delay paying them simply by filing an appeal. They still must pay,

And you do not have to pay anything back if the insurer eventually wins the appeal. They will instead receive a credit against any future benefits they may have to pay you.

Conclusion & Next Steps

Again, call me if we haven’t spoken yet. If not, I will be calling you soon. Each Workers’ Compensation Order is unique, and most of the time they are a little confusing unless you are used to seeing them.

Want to know more? Discover what you need to know about workers’ compensation in Maryland. Click here to see our Free Legal Consumer Guide to Maryland Workers’ Compensation and get answers to your questions today. Know your options. Be informed. Protect yourself.

Need a workers’ compensation attorney? Please contact us for a consultation today if you need an experienced workers’ compensation lawyer in Waldorf and Lexington Park for your legal case.

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