Sanchez v. Potomac Abatement, Inc.
8 A.3d 737
Md.2010Background
- Edy Sanchez suffered a September 22, 1998 workplace injury with permanent partial disability (PPD) awarded for 185 weeks under LE § 9-629.
- The Commission initially determined Sanchez’s PPD began January 14, 2000, with an award calculated using the SAWW value for 1998 (573 for 1998).
- Sanchez challenged whether the cap should be based on the SAWW in effect the date of injury (1998) or the date his right to PPD commenced (2000).
- The Court of Special Appeals held the SAWW of the year of injury controls, relying on longstanding Maryland decisions and statutory interpretation.
- The Maryland Court of Appeals granted certiorari to decide which SAWW applies, ultimately holding the SAWW on the date of the injury governs the PPD cap.
- The judgment affirmed that the 1998 SAWW applied, consistent with legislative practice and prior precedents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What SAWW controls the PPD cap for Sanchez? | Sanchez says 2000 SAWW. | Respondent says 1998 SAWW. | Date of injury SAWW controls. |
| Is the payment basis fixed by the time of injury or by the right-to-benefit commencement? | The right to PPD commenced in 2000 should govern. | Payment basis fixed at injury date. | Payment basis fixed at injury date. |
Key Cases Cited
- Marshall v. Univ. of Md. Med. Sys. Corp., 161 Md.App. 379, 869 A.2d 391 (2005) (Md. App. 2005) (PPD benefits capped by year-of-injury ceiling; tier structure)
- Waters v. Pleasant Manor Nursing Home, 361 Md. 82, 760 A.2d 663 (2000) (Md. 2000) (Date of injury generally controls for benefits; distinguishes occupational disease vs. accidental injury)
- Cline v. Mayor & City Council of Baltimore, 13 Md.App. 337, 283 A.2d 188 (1971) (Md. App. 1971) (Death-benefit vesting; relevance to injury-date control of benefits)
- Baltimore County v. Fleming, 113 Md.App. 254, 686 A.2d 1161 (1996) (Md. App. 1996) (Statutory rule: compensation rate fixed at time of injury)
- Furley v. Warren-Ehret Co., 195 Md. 339, 73 A.2d 497 (1949) (Md. 1949) (Historical basis for injury-date control in workers’ compensation)
- Swarthmore Co. v. Kaestner, 258 Md. 517, 266 A.2d 341 (1970) (Md. 1970) (Administrative interpretation given weight when longstanding)
- Gerst (Gerst v. etc.), 112 Md.App. 177, 684 A.2d 868 (1996) (Md. App. 1996) (Distinguishes accidental injury vs. occupational disease for date controls)