Thursday, June 30, 2011

RSRM Welcomes New Associate Scott Massengill!

           The RSRM family is once again pleased to announce the addition of new Associate, Scott Massengill.  Scott is a 1998 graduate of the University Of Maryland School Of Law.  His practice includes general civil litigation with an emphasis on construction litigation and alternative dispute resolution, including representation of owners, general contractors, subcontractors and homeowners.  In addition, Scott has experience handling insurance defense, workers’ compensation, products liability, toxic tort, employment, and contractual matters.

           Prior to joining the firm, Scott was counsel in the workers’ compensation department of Semmes, Bowen & Semmes, in Baltimore, Maryland.  Scott also worked as an Associate with Harrison Law Group in Towson, Maryland, where his practice encompassed the full range of construction litigation and business representation services, and as an associate with Whitney & Bogris, LLP in Towson, Maryland, where he maintained a complex civil litigation practice including products liability, toxic tort and medical/pharmaceutical matters.

           Scott is a member of the Maryland State Bar Association and is admitted to practice in Maryland and the District of Columbia Bar and is actively involved with local construction trade organizations, including the Associated Builders and Contractors, Inc. and the Associated General Contractors of America.

           Outside of the office, Scott enjoys spending time with his wife and two sons, participating in a number of recreational sports leagues, and spending time outdoors enjoying all that Maryland has to offer.

Tuesday, June 14, 2011

RSRM Welcomes New Associate Derrick Dye!

           The RSRM family is pleased to announce the recent addition of its newest Associate, Derrick Dye.  Derrick is a 2006 graduate of the University of Baltimore School of Law. His practice includes general civil litigation, with an emphasis on insurance defense, general negligence, insurance subrogation and professional negligence matters.

           Prior to joining the firm, Derrick served as a law clerk to the Honorable W. Newton Jackson, III, in the Circuit Court for Wicomico County. He also worked as an Associate at Cowdrey Thompson, P.C. in Easton, Maryland, handling professional liability and general civil litigation matters, and at Semmes, Bowen & Semmes, P.C. in Baltimore, Maryland, handling workers' compensation and insurance subrogation matters.

           Derrick is admitted to the Maryland Bar and the U.S. District Court, District of Maryland.  He is a member of the American Bar Association, the Maryland State Bar Association, Inc., and the Baltimore City Bar Association.

           Outside of the office, Derrick enjoys reading, playing golf (he’s a 5 handicap!), watching sports, and spending time with his yellow Labrador retriever, Sandie.

Thursday, June 9, 2011

Court of Special Appeals Broadens WCC's Jurisdiction

The Court of Special Appeals of Maryland (“COSA”) appears to have broadened the jurisdiction of the Workers' Compensation Commission (“Commission”) in cases that are pending on appeal. 

In Sanchez v. Potomac Abatement, Inc., No. 504 September Term, 2010 (Filed April 27, 2010), the COSA ruled, in effect, that Labor & Employment Article Section 9-736(b)(1), which states that the "Commission has continuing powers and jurisdiction over each claim under this title," trumps Labor & Employment Article Section 9-742, which expressly identifies those issues over which the Commission "retains jurisdiction pending an appeal" (medical treatment and temporary total disability benefits provided the WCC granted TT benefits in the order on appeal and the insurer terminated the benefits pending adjudication or resolution of the appeal).

In Sanchez, the Commission issued an award of compensation for permanent partial disability in August, 2006. Sanchez appealed to the Circuit Court for Baltimore County.  In July, 2008, Sanchez filed issues for additional benefits during the pendency of the appeal.  The Workers' Compensation Commission agreed with the employer/insurer's position that the Commission did not have jurisdiction pursuant to Labor & Employment Article Section 9-742.  Sanchez appealed that order, also to the Circuit Court for Baltimore County, which agreed with the Commission that Section 9-742 limited the WCC's jurisdiction because of the appeal from the August, 2006 award.  Sanchez then appealed to the Court of Special Appeals.

The COSA reasoned that Section 9-742 "was never truly an exclusive jurisdiction statute" and that it never "modified or controlled" Section 9-736.  The Court muddies the waters in writing that "our work is not done by simply concluding that 9-742 does not deprive the Commission of jurisdiction while a previous award is on appeal, and that the agency retains jurisdiction if the new claim is properly authorized under 9-736(b).  It is this Court's duty to harmonize the two related provisions.  At least two possibilities occur to us: 1) retained jurisdiction is mandatory under 9-742, but discretionary under 9-736(b); and 2) jurisdiction is retained under 9-736(b) only if the matter is independent and distinct from the issues on appeal, while such a condition is not imposed on jurisdiction retained under 9-742."  

The Court of Appeals may yet weigh in on this issue, and the Commission may have some discretion even post-Sanchez as it wrestles with a potentially heavier caseload.  Commissioners have indicated that the application of Sanchez will be handled on a case-by-case basis.  

Article contributed by Paul Donoghue