226 A.3d 436
Md. Ct. Spec. App.2020Background
- Gary E. Mitchell, Sr., a Harford County deputy sheriff, developed cardiovascular disease and was awarded workers’ compensation (WC) in 2005; his average weekly wage at disablement was $1,196.69.
- Mitchell retired July 1, 2015 and began receiving a $790.48/week pension.
- In January 2017 the Workers’ Compensation Commission increased Mitchell’s permanent partial disability award to $578.00/week.
- The Commission calculated the § 9-503(e)(2) offset using Mitchell’s weekly salary immediately prior to retirement ($1,721.00), not his average weekly wage at the time of disablement.
- Harford County appealed, arguing the offset must be based on the employee’s average weekly wage at disablement (LE § 9-602); the circuit court and the Court of Special Appeals affirmed the Commission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| For purposes of the LE § 9-503(e)(2) offset, does “weekly salary” mean the employee’s weekly salary at retirement or the average weekly wage at time of disablement? | Mitchell: "weekly salary" means salary paid during the period when both WC and retirement are paid (i.e., salary at retirement); legislature intentionally used different wording than "average weekly wage." | Harford County: "weekly salary" is the same as "average weekly wage" (LE § 9-602), which is fixed at time of injury/disablement; offset should be based on disablement wage. | The Court held "weekly salary" refers to the claimant’s salary immediately prior to retirement; the legislature’s use of different terms indicates different meanings, and construing the statute in favor of injured workers supports using retirement salary. |
Key Cases Cited
- Balt. Cty. v. Thiergartner, 442 Md. 518 (Md. 2015) (describes the § 9-503 offset cap and notes ambiguity about the period for determining "weekly salary").
- Injured Workers’ Ins. Fund v. Subsequent Injury Fund, 447 Md. 211 (Md. 2016) (interprets significance of different statutory word choices and reads terms in context).
- Polomski v. Mayor & City Council of Balt., 344 Md. 70 (Md. 1996) (recognizes "average weekly wage" as a term of art defined in LE § 9-602).
- Breitenbach v. N.B. Handy Co., 366 Md. 467 (Md. 2001) (statutory-construction canons and primacy of legislative intent).
- Jung v. Southland Corp., 351 Md. 165 (Md. 1998) (average weekly wage is fixed at time of injury and does not change after salary increases).
- Gang v. Montgomery Cty., 464 Md. 270 (Md. 2019) (Workers’ Compensation Act is remedial and construed liberally for claimants).