Montgomery County v. Robinson
76 A.3d 1159
Md.2013Background
- Maryland Workers’ Compensation law creates three tiers for permanent partial disability: <75 weeks (lowest), ≥75 and <250 weeks (intermediate, §9-629), and ≥250 weeks (highest, §9-630).
- §9-630 expressly permits combining multiple awards from one accident (except disfigurement/mutilation) to reach the ≥250-week threshold; §9-629 contains no express combining language.
- After Barnes v. Ezrine Tire Co., the Legislature consolidated serious-disability provisions (1970) to allow combination for the highest tier; in 1987 it added the intermediate tier but did not include explicit combining language.
- Robinson and Anderson each suffered a single accident that produced both a scheduled injury (fixed-week schedule) and an unscheduled injury (percentage-to-500-weeks). The Commission combined awards and awarded intermediate-tier benefits.
- Montgomery County (petitioners) challenged the Commission’s authority to combine scheduled and unscheduled awards for the intermediate tier; the Court of Special Appeals reversed the trial courts and this Court granted certiorari.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §9-629 permits combining scheduled and unscheduled awards to reach the ≥75-week intermediate tier | Robinson/Anderson: §9-629’s broad text and remedial purpose permit combining awards arising from one accident | Montgomery County: Silence of §9-629 and presence of combining language in §9-630 imply §9-629 does not allow combination; otherwise §9-630 language is surplusage | Court held §9-629 permits combining scheduled and unscheduled awards for purposes of tier determination; affirmed appellate court |
Key Cases Cited
- Barnes v. Ezrine Tire Co., 249 Md. 557, 241 A.2d 392 (1968) (held separate statutory serious-disability categories could not be combined under predecessors to §§36(3a) and 36(4a))
- Carter v. Allen, Son & Co., 28 Md. App. 541, 346 A.2d 453 (1975) (interpreting 1970 amendment as legislative response to Barnes, allowing combination for serious disability)
- Design Kitchen & Baths v. Lagos, 388 Md. 718, 882 A.2d 817 (2005) (Workers’ Compensation Act is remedial and construed liberally in favor of injured employees)