For Kimanthi22
Objective: The student will become familiar with the basic parameters of compensability under the Maryland Workers Compensation Act.
Topics:
- Introduction to Maryland Workers Compensation Act
- Jurisdiction
- Employer/Employee Relationship
- Injuries Covered by the Act
- Accidental Injuries
- Occupational Diseases
REQUIRED READING FOR WEEK #1:
1. Review the website of the Maryland Workers Compensation Commission at wcc.state.md.us and specifically click on General Informaton (to the left of screen), click on Employee Benefits, Claims and Process and read all that information contained therein.
2. Review Title 9 of the Maryland Workers Compensation Act - Title 9 of the Labor and Employment Article of the Maryland Annotated Code.
specifically read sections as follows:
topics or sections on covered employees: 9-201, 9-202, 9-205 (all in Subtitle 2 of Title 9)
topics or sections on jurisdiction: 9-203 (Subtitle 2)
topics or sections on covered injuries: 9-501, 9-502, 9-506 & 9-507 (Subtitle 5)
locate code sections as follows: go to WCC website (see site address above in syllabus) and follow prompts as follows: General Information - Employee Benefits, Claims & Process - Article Title 9 Annotated Code of Maryland (about 1/3 way down page in the middle) - Maryland - code of MD and Rules - I agree - click on the + for Labor and Employment - click on + for Title 9 and then proceed by opening up the applicable code section you need to read/review
3. Read the case of Harris v. Board of Education (defines accidental injury in Maryland) - located at courts.state.md.us - under appellate courts click on reported opinions - click on court of appeals - click on 2003 - click on appellants name and hit submit. You will then see a list of cases. Find Harris Case and read.
4. Read the case of King v. Board of Education (defines occupational disease) - located at courts.state.md.us - under appellate courts click on reported opinions - click on court of appeals - click on 1999 - click on appellants name and hit submit. You will then see a list of cases. Find King Case and read.
Discussion Questions
1 point: Do you agree or disagree with the decision rendered by the Court of Appeals in King v. Board of Education case and explain why?
1 point: Do you agree or disagree that the stressors of a transportation assistant were germane enough to warrant an occupational disease?
1 point: Why do you think occupational diseases much be germane to the employment and what does that mean?
Project 1. Due May 24th
1. Regarding accidental injuries, as defined by the Maryland Workers Compensation Act, do the following:
a. write one paragraph defining what an accidental injury is as defined by Maryland law - 2 points
b. cite the section of Title 9 that defines what an accidental injury is (or is not) - 2 points
2. Regarding occupational disease, as defined by the Maryland Workers Compensation Act, do the following:
a. write one paragraph defining what an occupational disease is as defined by Maryland law - 3 points
b. cite the section of Title 9 that defines what an occupational disease is (or is not) - 2 points
c. write one paragraph distinguishing an accidental injury from an occupational disease (how are they different) - 3 points
3. Case analysis of Harris case which shall include (10 points total):
1. Issue - one paragraph on the issue presented to the Court in the Harris case - 2 points
2. Rationale - one paragraph setting forth rationale of court - 3 points
3. Analysis - one paragraph setting forth analysis of the Court - 3points
4. Conclusion - one paragraph setting forth Court's conclusion - 2 points
11 years ago
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