On June 6, 2003, the Court of Appeals, Maryland's highest court, issued a remarkable decision that expanded the exposure employers face in workers' compensation cases. In Harris vs. the Board of Education of Howard County, the Court reversed 80 years of history and held, for the first time, that injured workers could claim workers' compensation benefits even if their injury was not the result of "unusual activity." The unusual activity requirement had long been an important part of Maryland's workers' compensation law and limited the number of claims found compensable. The Court in the Harris case overruled numerous cases dating back to 1925 to arrive at this decision.

In overruling that line of cases, the Court held that the "unusual activity" requirement is "not supported by the language of the …Act, is contrary to other opinions by this Court, is a distinct minority view in the nation, and runs counter to the liberal purposes of the Workers' Compensation Act."

What does this decision mean for Maryland employers? The following questions and answers may assist you in understanding the impact of this decision:

1. How will this decision affect the accidental injury claims of my employees?

If the sole defense is that the activity giving rise to the accident was not unusual, the Workers' Compensation Commission will not entertain that defense. Consequently, depending on the facts of the particular case, IWIF may decide not to contest the claim.

Some defenses to accidental injury claims, however, still remain. For example, if you dispute the happening of the accident itself, the claim can still be disputed. Likewise, if investigation reveals that the employee's injury was not the result of the work-related accident, the issue of causal relationship can be raised and heard.

2. Do you anticipate legislative action to overturn this decision?

There have been efforts this year through proposed legislation to have the Legislature override this decision. However, it appears that these bills will not pass this year. The Legislature may create a task force for the purpose of review for this issue, along with other workers' compensation issues, during the summer and reporting back to the Legislature before the 2005 session.

3. What action will IWIF take?

IWIF has and will continue to provide fiscal impact data to assist the Legislature in its decision-making process.

4. What can I do as an employer?

It is now more important than ever that you report injuries promptly, investigate all claims thoroughly, and provide return to work options for your injured employees.

5. If I have further questions, who may I contact?

You may contact your assigned IWIF claims adjuster, or, if you do not have an assigned adjuster, you may contact Tim Michels, Vice President of Claims, at 410-494-2300, or Rona Finkelstein, Director of Legal Services, at 410-494-2303.