Maryland Court of Appeals Says Testimony From Vocational Expert Not Required in Worker’s Comp Case

By Danny Jacobs

Testimony from a vocational expert is not required in an appeal of a Workers’ Compensation Committee award, the Court of Appeals ruled last week in upholding the reduction of an award to an injured airline employee.

George Maldonado was originally awarded 50 percent “permanent partial disability” by the compensation board in 2003 for a back injury he suffered while working as a fleet service clerk for American Airlines. The airline appealed the decision, which was lowered to 35 percent by the Anne Arundel County Circuit Court in 2004.

Maldonado argued the airline was required to provide testimony from a vocational expert in addition to the testimony of a psychiatrist and orthopedic surgeon. But Judge Lynne A. Battaglia, in affirming the Court of Special Appeals decision, ruled there is no per se requirement for vocational testimony, noting other states have similar guidelines.

Originally published by Danny Jacobs.

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