Summary
The Maryland Court of Appeals held that the 6.5% assessment payable to the Subsequent Injury Fund under Labor and Employment Article § 9-806 must be calculated on a workers’ compensation award before statutory offsets for retirement benefits under §§ 9-610 and 9-503(e). The court affirmed the judgment of the Court of Special Appeals in the consolidated appeals involving the Injured Workers’ Insurance Fund and Baltimore County.
Holdings
- The 6.5% Subsequent Injury Fund assessment under Labor and Employment Article § 9-806 is calculated on the amount of an award for permanent disability or death before deduction of statutory offsets for retirement benefits under §§ 9-610 and 9-503(e).
Questions Presented
- Whether the Subsequent Injury Fund assessment under Labor and Employment Article § 9-806 must be calculated on the amount of a permanent-disability award before or after statutory offsets for retirement benefits under §§ 9-610 and 9-503(e).
Disposition
affirmed
Cases Cited (15)
- Anchor Motor Freight, Inc. v. Subsequent Injury Fund, 278 Md. 320, 363 A.2d 505 (1976)(followed)
- Subsequent Injury Fund v. Pack, 250 Md. 306, 242 A.2d 506 (1968)(followed)
- Subsequent Injury Fund v. Howes, 11 Md. App. 325, 274 A.2d 131 (1971)(cited)
- W.R. Grace & Co. v. Swedo, 439 Md. 441, 96 A.3d 210 (2014)(followed)
- Montgomery Cty. v. Deibler, 423 Md. 54, 31 A.3d 191 (2011)(followed)
- Wal Mart Stores, Inc. v. Holmes, 416 Md. 346, 7 A.3d 13 (2010)(followed)
- State Dep't of Assessments & Taxation v. Md.-Nat'l Capital Park & Planning Comm'n, 348 Md. 2, 702 A.2d 690 (1997)(followed)
- Schweitzer v. Brewer, 280 Md. 430, 374 A.2d 347 (1977)(followed)
- Whiting-Turner Contracting Co. v. Fitzpatrick, 366 Md. 295, 783 A.2d 667 (2001)(followed)
- Bd. of Educ. of Prince George's Cty. v. Marks-Sloan, 428 Md. 1, 50 A.3d 1137 (2012)(followed)
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Court Document
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