Smith v. Delaware North Cos.Annotate this Case
Brenda Smith slipped on the floor in the course of her employment and landed on her left knee when she fell. Smith filed a workers’ compensation claim seeking benefits from Delaware North Companies and its insurer (together, Delaware North) for a full knee replacement. The Workers’ Compensation Commission denied her claim. Smith filed a petition for judicial review and requested a jury trial. During trial, Smith presented the expert testimony of Dr. Kevin McGovern. Delaware North, in turn, sought to admit a consent order that Dr. McGovern entered into with the Maryland Board of Physicians in order to impeach Dr. McGovern’s testimony. The trial court admitted into evidence a portion of the consent order. Based on the jury verdict, the trial judge affirmed the decision of the Commission. The Court of Appeals reversed, holding (1) Md. Code Ann. Health Occ. 14-410 generally prohibits the admission of a Board of Physicians’ consent order into evidence in a civil or criminal proceeding; and (2) the trial court erred as a matter of law in admitting a redacted version of the consent order in this case, causing prejudice to Smith’s case.