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  1. #11
    Join Date
    Jul 2017
    Posts
    7

    Default Re: State Employee (Why Overtime is Not Included in Accident Leave ?) ( AL vs TTD)

    So Tony what are you saying ? do you think that it's fair for not including overtime in AL but to include it in TTD ? Why am i getting less pay for AL while getting more TTD ? Keep in mind that it's the injury.

  2. #12
    Join Date
    Oct 1971
    Posts
    5,123

    Default Re: State Employee (Why Overtime is Not Included in Accident Leave ?) ( AL vs TTD)

    Lolo
    do you think that it's fair for not including overtime in AL but to include it in TTD ?
    No, I don't think it's "fair" I'm just stating what the rules and the law say.
    I still think this has something to do with the funding of the two - AL's funded by tax dollars, Worker Compensation is funded by insurance dollars.
    When it comes to tax money, what's fair is irrelevant.

    The AL rules state " two-thirds of the employee’s regular pay."
    The Worker Comp act says "Two-thirds of the employee 's Average Weekly Wage" which means all pay including overtime.

    TEMPORARY TOTAL DISABILITY:
    Two-thirds of the employee 's Average Weekly Wage not to exceed 100% of the State Average Weekly Wage or $1,052.00.
    http://www.wcc.state.md.us/Adjud_Claims/Comp_Rates.html

    This may be a case a constitutional lawyer would be interested in - there could be a big pay day if he filed a class action and prevailed - it might be worth looking into.
    I agree with Bob, this is possibly a violation of the "Fourteenth Amendment of the U.S. Constitution" governing Equal Protection.

    Equal Protection Overview
    The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution prohibits states from denying any person within its territory the equal protection of the laws. This means that a state must treat an individual in the same manner as others in similar conditions and circumstances. The Federal Government must do the same, but this is required by the Fifth Amendment Due Process.
    https://www.law.cornell.edu/wex/equal_protection

    Career Definition of a Constitutional Lawyer
    The field of constitutional law deals mainly with the interpretation and implementation of the rights, rules, and amendments outlined in the United States Constitution. Constitutional law is often applied to cases that are argued in federal courts, including the Supreme Court.
    http://study.com/articles/Constituti...in_the_US.html

    Find a lawyer here:
    Maryland: Constitutional Lawyers
    http://lawyers.findlaw.com/lawyer/pr...l-law/maryland

    Tony
    Last edited by tony; 07-22-2017 at 12:08 AM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #13
    Join Date
    Jul 2017
    Posts
    7

    Default Re: State Employee (Why Overtime is Not Included in Accident Leave ?) ( AL vs TTD)

    Interesting argument ! I will try to talk to some constitutional lawyer.

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