256 A.3d 329
Md. Ct. Spec. App.2021Background
- Patrick Spevak, firefighter (1979–2010), retired in 2010 on a Montgomery County service‑connected total disability retirement after a work‑related back injury; he receives ~70% of final salary (~$1,859.07/week).
- In 2016 Spevak filed a workers’ compensation claim for occupational hearing loss; the Commission found the loss employment‑related and awarded permanent partial disability for 21% hearing loss in the left ear.
- The Commission calculated weekly workers’ compensation benefits but applied an offset under Md. Code, Lab. & Empl. § 9‑610(a), concluding Spevak’s retirement benefits were “similar” and fully offset the award.
- The Circuit Court for Montgomery County granted summary judgment for the County, affirming the Commission; Spevak appealed.
- The Court of Special Appeals held that a service‑connected total disability retirement from the employer triggers the § 9‑610 offset against any permanent total or permanent partial workers’ compensation awards for injuries or diseases related to that same employment, so Spevak’s comp award was fully offset.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LE § 9‑610(a) permits an employer to offset permanent partial workers’ compensation benefits when an employee already receives a service‑connected total disability retirement for a different work injury | Spevak: “Similar benefits” requires the benefits to arise from the same injury; retirement (back) ≠ comp award (hearing) → no offset | County: Both are work‑related wage‑loss replacements from same employment; retirement replaces the employee’s single wage so offset prevents double recovery | Offset applies; service‑connected total disability retirement satisfied employer’s liability for any permanent total or permanent partial workers’ comp benefits related to the same employment; Spevak’s award fully offset |
Key Cases Cited
- Nooe v. City of Baltimore, 28 Md. App. 348 (1975) (service‑connected disability pension held to discharge employer’s liability for workers’ compensation)
- Mazor v. State Dep’t of Corr., 279 Md. 355 (1977) (offset applies to insurer and is not limited to death cases)
- Frank v. Baltimore County, 284 Md. 655 (1979) (pension under contributory plan is a benefit provided by employer and subject to offset)
- Tsottles v. Baltimore City, 55 Md. App. 58 (1983) (disability pension offsets multiple workers’ comp awards arising from same employment)
- Dennison v. Head Constr. Co., 54 Md. App. 310 (1983) (no double recovery where two jurisdictions’ awards compensate the same wage‑loss)
- Newman v. Subsequent Injury Fund, 311 Md. 721 (1988) (offset applies only to benefits accruing by reason of the same injury)
- Fikar v. Montgomery County, 333 Md. 430 (1994) (cash vocational rehab payments are similar to disability pensions and subject to offset; non‑cash services are not)
- Polomski v. Mayor & City Council of Baltimore, 344 Md. 70 (1996) (similar benefits must be traceable to the same injury)
- Blevins v. Baltimore County, 352 Md. 620 (1999) (offset does not apply to comp payments for periods prior to retirement when retirement benefits were not payable)
- Reynolds v. Bd. of Educ., 127 Md. App. 648 (1999) (ordinary disability retirement offset where both awards based on same physical incapacity)
- Reger v. Washington County Bd. of Educ., 455 Md. 68 (2017) (ordinary disability retirement may be offset only if record shows the retirement and comp benefits stem from the same workplace injury)