228 A.3d 785
Md. Ct. Spec. App.2020Background
- Justin Greer, a Montgomery County firefighter with ~10 years’ service, was diagnosed with a small inguinal hernia in July 2015 and underwent surgical repair on December 19, 2016.
- Greer filed a workers’ compensation claim (Feb 24, 2017) alleging the hernia resulted from repetitive lifting over several years.
- The parties stipulated the hernia preexisted and did not require immediate operation, and they agreed there was no genuine dispute of material fact; the case turned on a legal question.
- The Workers’ Compensation Commission (hearing Jan 29, 2018) disallowed the claim, concluding hernias are compensable only under the statute specific to hernias (LE § 9-504) and are not compensable as occupational diseases.
- The Circuit Court for Montgomery County affirmed the Commission after de novo review; Greer appealed to the Court of Special Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a hernia can be compensated as an occupational disease under the Maryland Workers’ Compensation Act | Greer: hernia may be compensable as an occupational disease and is not limited to the § 9-504 hernia provisions | Montgomery County: hernias are governed solely by the specific hernia statute (LE § 9-504) and are not occupational diseases | Court: affirmed — hernias are compensable only under LE § 9-504; they are not compensable as occupational diseases; Greer failed to show his hernia met the statutory occupational-disease definition |
Key Cases Cited
- Long v. Injured Workers' Ins. Fund, 448 Md. 253 (2016) (agency deference and review standard for workers’ compensation decisions)
- McLaughlin v. Gill Simpson Elec., 206 Md. App. 242 (2012) (remedial statutes construed liberally for claimants but courts ascertain legislative intent from statutory language)
- Harris v. Bd. of Educ., 375 Md. 21 (2003) (definition of 'accidental injury' focuses on the injury being unexpected/unusual, not the activity)
- 1081 Arundel Corp. v. Marie, 383 Md. 489 (2004) (plain-meaning rule and statutory construction principles)
- R.K. Grounds Care v. Wilson, 235 Md. App. 20 (2017) (agency limited to powers conferred by statute)