A. [§ 14.2] Compensation Benefits

• Jurisdiction: Maryland

A. [§ 14.2] Compensation Benefits

Subtitle 6 of the Act speaks to benefits. See Lab. & Empl. §§ 9-601-9-691. Compensation benefits payable are set forth, including temporary total disability (paid during the period an employee cannot work due to injuries), permanent total disability (paid for the inability to do work of any kind), and permanent partial disability (paid for disability that is partial in its effect but permanent in duration). Lab. & Empl. § 9-614 (Temporary Partial Disability), § 9-618 (Temporary Total Disability), § 9-625 (Permanent Partial Disability), § 9-635 (Permanent Total Disability). Certain injuries are enumerated along with the duration of benefits in the calculation of permanent disabilities. See, e.g., Lab. & Empl. § 9-627 (stating that the loss of a hand, foot, or eye is "compensable for 250 weeks[;]" a big toe, "40 weeks"). In cases involving body parts not specifically listed, permanent partial disability is figured by multiplying the percentage of the worker's "industrial loss of use" by 500 weeks. Lab. & Empl. § 9-627

Permanency benefits are normally determined by multiplying the worker's compensation rate, subject to many variations, by the number of weeks of disability. See Cornblatt et al., supra, for computation guidelines. There are maximum permanency rates that change each year that limit the amount an injured worker can recover.

In Montgomery Cty. v. Deibler, the Court held that "'wage[]' . . . in the phrase 'wage earning capacity' in L.E. § 9-615(a), includes compensation paid for overtime hours worked prior to temporary partial disability." 423 Md. 54, 74, 31 A.3d 191, 203 (2011). In calculating permanent partial disability benefits, the date of injury—rather than the date of the award—should be used. Sanchez v. Potomac Abatement, Inc., 417 Md. 76, 89, 8 A.3d 737, 744-45 (2010). See Thomas v. Giant Food, LLC, 174 Md. App. 103, 920...