Caps & Immunities
Conclusion Te appellate court rulings in Maryland growing out of
SPECIAL MEMBERS AD
the“exclusive remedy” doctrine have focused on the delicate balance first sought by the framers in enacting workers’ compensation legislation. On some occasions the Courts have been called upon to protect employers from unwarranted inroads on their statutory immunity, and on other occasions the Courts have jealously guarded the common law remedies sought to be preserved for injured workers. Te relative success of Maryland’s workers’ compensation system compared to those of many other jurisdictions should in part be attributed to the caution and sensitivity exercised by the Courts in preserving what has often been called the “compensation bargain.”68
Biography Robert G. Samet is a senior partner with the law firm
of Ashcraft & Gerel, LLP. Te firm has offices in Baltimore, Landover and Rockville, Maryland, as well as Washington, DC, Alexandria, Virginia and Manassas, Virginia. Ashcraft & Gerel handles all types of personal injury claims, including mass torts, pharmaceutical product liability claims, asbestos litigation, workers’
compensation and Social Security
Disability. Mr. Samet received his undergraduate degree with Honors from the University of Maryland and his law degree from the University of Baltimore, where he graduated cum laude. He completed an internship with the Honorable Rita Davidson of the Maryland Court of Appeals, now deceased. Mr. Samet has concentrated his 34 years of practice on personal injury litigation, medical malpractice litigation, workers’ compensation and Social Security Disability claims. He has authored articles and taught classes on various legal topics. In addition, Mr. Samet has testified before legislative committees on proposed changes to the workers’ compensation law. Mr. Samet is a member of the American Association for Justice and the Maryland Association for Justice, where he serves on the Board of Governors and as co- chair of the Workers’ Compensation section of MAJ. Jason T. Massey is a member of the Maryland Bar and
an accomplished research associate at Ashcraft & Gerel’s Rockville, Maryland office, where he became employed following completion of his law school education in 2007 and subsequent admission to the bar. His work with the firm involves personal injury, social security and workers’ compensation cases.
68 Shoemaker v. Myers, 801 P.2d 1054, 276 Cal. Rprt. 303 (S.C. Ca. 1990);Driscoll v. General Nutrition Corp., 252 Conn. 215, 752 A.2d 1069 (2000); Laidlow v. Hariton Machinery Co., Inc., 170 N.J. 602, 790 A.2d 884 (2002); Bias v. Eastern Associated Coal Corp., 220
W.Va. 190, 640 S.E. 2d 540 (2006).
50 Trial Reporter / Spring 2011
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68