Board of Education v. Marks-Sloan, 428 Md. 1

Respondent injured Sept. 26, 2007, while both she and Iglehart were acting within Board of Education employment.
The Workers’ Compensation Commission awarded Respondent medical expenses, temporary total disability, and attorney’s fees; Board began payments.
Respondent sued Iglehart, the Board, and County; County dismissed; Board remained as defendant for potential indemnification.
Petitioners moved to dismiss or grant summary judgment; argued LE § 9-509 exclusivity and CJ § 5-518 immunity.
Trial court entered judgment against the Board; Amended Order later added Iglehart and then dismissed him; Board remained a party for indemnification.
Court of Special Appeals held CJ § 5-518 provides indemnification requiring joinder of Board and permitting offset of workers’ compensation payments against tort damages; Supreme Court granted certiorari and affirmed as to indemnification and offset, upholding the exclusivity mechanism.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an employee may sue a co-employee for tort despite exclusivity	Marks-Sloan argues CJ § 5-518 indemnifies, permitting tort action	Iglehart/Board argue LE § 9-509 exclusivity bars tort claims	Indemnification allows a tort action against the co-employee with Board joined
Whether CJ § 5-518 provides immunity or indemnification	CJ § 5-518 imposes indemnification, not immunity	CJ § 5-518 provides immunity from personal liability	CJ § 5-518 is indemnification, not complete immunity
Whether Court of Special Appeals properly used MTCA/LGTCA to interpret CJ § 5-518	Guidance from MTCA/LGTCA supports indemnification interpretation	MTCA/LGTCA analogies are inappropriate for boards of education	MTCA/LGTCA analogies are permissible guides to interpret CJ § 5-518
Whether Board’s indemnification violates exclusivity by offsetting workers’ compensation	Offset permitted to avoid double recovery	Offset against Board undermines exclusivity	Offset of workers’ compensation against tort judgment is allowed; no double recovery
Whether the Board can be held to indemnify a co-employee while being self-insured	Indemnification obligation applies to self-insured boards	Self-insured status complicates indemnification mechanics	Indemnification applies; Board may satisfy judgment by offset rather than personal liability

Parry v. Allstate Ins. Co., 408 Md. 130 (Md. 2009) (discusses recovery offset to avoid double recovery under LE § 9-902)
Collins v. United Pac. Ins. Co., 315 Md. 141 (Md. 1989) (right to pursue third-party action after workers’ comp award)
Great Atl. & Pac. Tea Co. v. Imbraguglio, 346 Md. 573 (Md. 1997) (insurer’s offset rights when compensation and tort recovery collide)