Summer Ledford v. Jenway Contracting, Inc.

Maryland’s Workers’ Compensation statute includes a provision barring any additional liability for a qualified employer who has paid benefits under its Workers’ Compensation policy. Under the statutory scheme, an employee may not sue their employer for injuries sustained in the course of employment, where Workers’ Compensation benefits have been paid as a result of the incident.

Case:
In 2021, a worker employed by Jenway Contracting, Inc., fell on a jobsite and died. His widow and minor child were eligible for, sought, and received Workers’ Compensation benefits. Under Maryland law, his adult child was not eligible for Workers’ Compensation benefits under the terms of the statute. She therefore filed suit in Circuit Court, asserting a wrongful death claim against the employer.

Supreme Court Ruling:
Citing the Workers’ Compensation bar, the trial court granted the employer’s motion to dismiss the adult child’s claim. The adult child appealed the trial court’s ruling, and the intermediate appellate court agreed with the trial court that the bar applied. The worker’s adult child sought and was granted review in the Maryland Supreme Court. The Supreme Court, in a recent 4-3 decision, affirmed the intermediate appellate court and held that the Workers’ Compensation bar applies to claims by non-dependent adult children.

Takeaway:
The position asserted by the adult child, had she been successful, could have had far-reaching ramifications for employers’ exposure regarding workplace injuries by opening them up to multiple layers of liability from the same occurrence. Underwriting would also have been significantly affected as a result of carriers having to account for this second bite at the apple for workplace injuries.

While the case is tied to Maryland statutes and legislative history, it is likely that similar rationales and history apply to the inception of Workers’ Compensation laws elsewhere, and that the Ledford decision could have an influence in other jurisdictions as a result.

To read the decision, click here.

If you have any questions or would like additional information, please contact Reger Rizzo & Darnall Partner Joel Newport in our Towson, Maryland office at jnewport@regerlaw.com or 443-652-4561