F&P Obtains Dismissal of Workers’ Compensation Claimant’s Action for Judicial Review in Reported Decision from MD Court of Special Appeals

On March 31, 2021, the Maryland Court of Special Appeals, in a reported opinion, reversed the Circuit Court for Harford County’s grant of summary judgment to a workers’ compensation claimant.  The Circuit Court had granted judgment despite the fact that the claimant was seeking judicial review of a Maryland Workers’ Compensation Commission’s decision that chose not to exercise its plenary power to re-open or re-visit a prior order adverse to the claimant.  Applying precedent from the Court of Appeals, the intermediate appellate court had no difficulty holding that there is still no right of judicial review when the Commission chooses not to disturb a prior award or order.  Rather, the Court held that the Circuit Court should have granted the Employer’s (the Harford County Board of Education) and Insurer’s (the Maryland Association of Boards of Education) motion to dismiss the action.  F&P Principal David A. Skomba argued the case before the Court of Special Appeals and was joined on brief by fellow Principal Angela Garcia Kozlowski and Associate Natalie J. Johnson.

View the argument and decision.