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Maryland: First Responder Establishes Occupational Disease Claim for Menisci Tears

September 07, 2018 (1 min read)

A state appellate court affirmed a decision by a trial court that a first responder presented evidence sufficient to prove that his menisci tears were an occupational disease under Md. Code Ann., Lab. & Empl. § 9-502(d)(1)(i) (1991, 2016 Repl. Vol.), including his own testimony that being a paramedic required him to kneel for lengthy periods of time and carry patients down stairs and lift them onto stretchers. Expert testimony also indicated that overuse or repetitive trauma were risk factors for the paramedic's injury and that firefighters and paramedics had a "significant" risk of osteoarthritis relative to the rest of the population.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Baltimore County v. Leahy, 2018 Md. App. LEXIS 834 (Aug. 30, 2018)

See generally Larson’s Workers’ Compensation Law, § 52.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law



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