Hernias Are Not Compensable As Occupational Diseases

 Justin Greer v. Montgomery County, Maryland., No. 3381, Sept. Term 2018. Opinion filed on May 28, 2020, by Berger, J.

In July 2015, a doctor diagnosed Justin Greer (“Greer”) with a small hernia.  In December 2016, Greer’s hernia was surgically repaired.  Subsequently, in February 2017, Greer filed a Maryland Workers’ Compensation Commission claim alleging that he suffered a hernia caused by repetitive lifting during his ten (10) years of employment as a Montgomery County firefighter.  Following a hearing on the matter, the Maryland Workers’ Compensation Commission (the “Commission”) determined that Greer’s hernia was not compensable as an occupational disease, reasoning that hernias can only be compensable under the portion of the Worker’s Compensation Act that specifically addresses hernias outlined in Md. Code §9-504 of the Labor and Employment Article.

Greer appealed the matter to the circuit court, who affirmed the Commission’s decision. 

Greer subsequently appealed the matter to the Maryland Court of Special Appeals, who affirmed the circuit court’s decision.  In reaching their decision, the Maryland Court of Special Appeals reviewed the relevant portions of the Labor and Employment Article.

The Workers’ Compensation Act provided for compensation under five categories of injuries and diseases.  Md. Code §9-501 of the Labor and Employment Article addressed accidental injuries.  Md. Code §9-502 addressed occupational diseases.  Md. Code §9-503 addressed presumptions for heart disease, hypertension, lung disease, certain cancers, and Lyme disease for certain public safety employees. Md. Code §9-504 addressed compensable hernias and Md. Code §9-505 addressed occupational deafness.  Hernias were not discussed in any other section except for Md. Code §9-504.  Therefore, a plain reading of the statute, which provided compensation for hernias separately from compensation for occupational diseases, supported the Commissions’ interpretation that hernias were not compensable as occupational diseases. 

Md. Code §9-745 of the Labor and Employment Article provided further support of the Commissions’ interpretation.  That section provided that “[t]he court shall determine whether the Commission…justly considered all of the facts about the accidental personal injury, occupational disease, or compensable hernia.”  The Maryland Court of Special Appeals contended that the use of the disjunctive “or” suggested that compensable hernias and occupational diseases were two separate and independent bases for which workers’ compensation benefits could be sought. 

The Maryland Court of Special Appeals also cited the Maryland Workers’ Compensation treatise by Clifford Sobin, in which Sobin explained that “[h]ernia injuries are a subset of workers’ compensation claims that are subjected to different treatment under the law.” Maryland Workers’ Compensation, §5.3 at 141. 

In defending against hernia claims, it is important to note that such claims are subject to a strict 30-day reporting guideline, under Md. Code §9-504 of the Labor and Employment Article.  To be compensable, the hernia must either not pre-exist the accidental injury, or if it does pre-exist the accidental injury, the accidental injury must cause the claimant to require an immediate operation of the pre-existing hernia.  Before accepting a hernia claim as compensable, be sure to determine whether your claim satisfies all elements as required by Md. Code §9-504 of the Labor and Employment Article.

-Ashley Bond, Associate Attorney