Last Wednesday, November 2, F&P associate Mike Bennett won a defense verdict in a jury trial in the Circuit Court for Prince George’s County, MD.  The claimant had filed an appeal of a September, 2015 decision from the Workers’ Compensation Commission which found he had achieved Maximum Medical Improvement and denied his request for treatment and ongoing Temporary Total Disability benefits.

The claimant was involved in a motor vehicle accident in July, 2014 and sustained minor injuries as a result, including strains/sprains of his back, neck, and shoulder.  Following the accident, he received conservative treatment, including one injection in the left shoulder, as well as a course of physical therapy and work hardening sessions.  Although the medical records in this matter demonstrated rather innocuous injuries, conducting litigation in Prince George’s County can be a risky endeavor from an Employer and Insurer’s perspective as it is notoriously one of the most liberal jury pools in this State.

Despite his claim that he presently could not work due to the accident, the medical records alone did not support the claimant’s physical complaints as he had only seen a doctor one time since June, 2015.  While surveillance efforts did not produce any fruitful results, the Claimant’s Facebook page turned out to be an invaluable source.  He had posted pictures of himself doing landscaping work, roller skating, and riding a bike, along with a video of himself on a hoverboard, and, better yet – both pictures and videos of himself promoting his work for selling and installing carpet.  The Facebook photographs and videos were instrumental in convincing the jury that the claimant was not only capable of working, he had already returned to work.  This is a classic example of the growing role technology and social media is playing in litigation and the direct impact it can have on the outcome of a case.

Last month, the Court of Appeals of Maryland reappointed F&P senior principal, Andrew Stephenson, to the Accommodations Review Committee for terms to expire in 2021.  Eight other people were reappointed, including Sandra Holmes, Esq. as Committee Chair, and Mark D. Palmer, Esq. as Vice Chair.  The Court of Appeals is the highest court in the state of Maryland and is mandated by law to hear cases involving the death penalty, legislative redistricting, removal of certain officers, and certifications of questions of law.

The last chapter of the 2016 Trucking Boot Camp for the Claims Professional will take place this Wednesday, September 21, at the Villanova University Conference Center in Philadelphia, PA.  The previous Bootcamps, which started last March, took place in Phoenix, Denver, Dallas, Chicago, Atlanta and Orlando.  Now in its 8th year, the Trucking Boot Camp is co-hosted by F&P, Carr Allison, Dowd & Dowd, Fee Smith, Pion Nerone, Alvarez Winthrop, and Rincon Law Group.

“On the Road in 2016” covers some of the most relevant topics pertaining to the trucking and transportation industry, such as the role of truck technology and its impact on drivers, investigating night time driving accidents, prosecuting a trucking plaintiff, how to effectively and efficiently investigate and preserve evidence on low impact cases, and seeking better alternatives to litigation.  In addition, F&P Principal Andrew Stephenson leads a lively and informative mock trial and panel discussion.

The 2016 Bookcamps were sponsored by Custard Insurance Adjusters, Marshall Investigative Group, S-E-A, and US Legal Support.  We would like to thank our sponsors who help make this program possible.

For more information visit http://www.truckingbootcamp.com/

F&P’s Summer First Report Now Available for Download!

The Summer 2016 edition of Franklin & Prokopik’s First Report, our workers’ compensation newsletter, is now available in PDF format.  Articles in this issue:

• Protection Against Attorney’s Fees Prince George’s County v. Minor, 227 Md. App. 233 (2016)
• Virginia Court of Appeals Victory
• Vocational Rehabilitation: Recent Changes to the Virginia Guidelines
• Prescription of Pain Medication in Delaware
• Important Medicare Changes
• Settlement Guidelines in Maryland, Delaware, and Virginia

Summer 2016 First Report link

F&P is pleased to welcome two new counsel attorneys this summer.  Kimberly A. Harrison will be located at our Wilmington, DE office and Lindsey A. Lewis will be working in Richmond, VA.

Since 2003, Kimberly Harrison has practiced exclusively in the area of workers’ compensation defense for a firm in Wilmington, Delaware.  Kimberly joined Franklin and Prokopik last June, bringing 13 years of experience in all facets of workers’ compensation matters, including oral arguments before the Delaware Supreme Court.  She also presents seminars to employers and insurance carriers regarding workers’ compensation claims handling and changes in Delaware workers’ compensation law.

Lindsey Lewis rejoined F&P last June.  She previously was associated with the firm’s Herndon, Virginia office before locating to Richmond, Virginia, where she was an Associate at one of the Top 200 largest law firms in the U.S.  Lindsey will be working out of Richmond, VA, helping F&P to enhance its service and capabilities in Central and Southeastern Virginia.  Lindsey has extensive experience in civil litigation in the areas of automobile/transportation liability, employment, premises liability, and professional liability, including defense of medical malpractice and nursing home claims.