Barr v. Barberry Bros., Inc.

635 A.2d 64, 99 Md. App. 33, 1994 Md. App. LEXIS 13
CourtCourt of Special Appeals of Maryland
DecidedJanuary 6, 1994
Docket619, September Term, 1993
StatusPublished
Cited by10 cases

This text of 635 A.2d 64 (Barr v. Barberry Bros., Inc.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barr v. Barberry Bros., Inc., 635 A.2d 64, 99 Md. App. 33, 1994 Md. App. LEXIS 13 (Md. Ct. App. 1994).

Opinion

CATHELL, Judge.

Marvin Barr (Marvin) was killed in a work-related accident. He was survived by Shannon Barr (appellant) and others. Appellant was partly dependent upon Marvin and began receiving partial dependent survivor benefits through Marvin’s workers’ compensation insurer. The trial court held that the statute, Md.Code (1991 Repl.Vol.), 1 § 9-682 of the Labor and Employment Article required that appellant’s partial dependent survivor benefits be capped at $17,500. This appeal followed. The primary focus of our opinion involves the recodification of the pertinent statutory provisions. Former Article 101 section 36 provided in subsection (8)

(a) ... If there are wholly dependent persons ... the compensation shall be an amount ... not to exceed $45,-000.00____ If a surviving ... child continues to be totally dependent after the total amount of $45,000.00 has been paid, further payments ... shall be paid at the same weekly rate during ... her total dependency....
(b) If there are no wholly dependent persons ... but there are partly dependent persons, those partly dependent shall receive compensation as follows: ... and payments to continue during the partial dependency but not to exceed $17,500.00.

Then in subsection (d) the former statute provided, as to both wholly and partly dependent persons:

Payment ... shall continue ... until the child ... reaches the age of eighteen years provided, ... if each child ... *35 [is] wholly dependent ... and incapable of self-support by reason of mental, or physical disability ... or the child ... [is] still partly dependent ... payments ... shall continue as under paragraphs (a), (b) and (c) herein....

Paragraphs (a), (b) and (c) herein referred to the cap language in section 36. That language in old section 36(8) that referred to wholly dependent persons has been recodified as section 9-681(c) and (g). Section 9-681(g) expressly provides for the continuation of payments past $45,000 if the person remains wholly dependent:

If a ... child continues to be wholly dependent after the total amount of $45,000.00 has been paid, the employer ... shall continue to make payments ... during the total dependency of the surviving child.

During the recodification, the language of old section 36(8) as to partly dependent persons, which had been intertwined with the language relating to wholly dependent persons by being placed in the same former subsection was recast as section 9-682, where, outwardly unfettered by its association with the language relating to the extension of the cap as to wholly dependent persons, it now states:

(c) Duration of payment—In general.—Except as otherwise provided in this section, the employer or its insurer shall pay the weekly death benefit:
(1) for the period of partial dependency; or
(2) until $17,500 has been paid.
(e) Same—Child who becomes 18.—(1) Except as provided in paragraphs (2) and (3) of this subsection, the employer ... shall continue to make payments to, or for the benefit of, a surviving child until the child reaches 18 years of age.

Paragraphs (2) and (3) refer to provisions for payments past the age of eighteen under certain circumstances.

The parties agreed below that construction of the new statute was the only issue and that a summary judgment proceeding was the appropriate method for the trial court to *36 address the issue. After discussing the statute’s provision for payments in respect to wholly dependent survivors, the court discussed the differences between the provisions for wholly dependent and partly dependent survivors. It found that:

Section [ (c) ](2) clearly states that the $17,500 is an absolute cap. Unlike the case of the wholly dependent spouse, even if the partial dependency continues, no more payments may be made.

It further opined that “the Legislature clearly intended to treat wholly and partially dependent individuals differently____” The trial court subsequently discussed the basis for its interpretations—that the legislature had a “logical policy basis” for making a distinction—saying:

A wholly dependent child ... is one who depended on the deceased worker for all of their needs and had no other source of maintenance and, but for the death of the worker, could reasonably have assumed that the deceased parent’s support would continue until they reached the age of majority or they become self supporting. On the other hand, a partially dependent child by definition has alternative sources of support to which they can look for the necessities of life and may or may not have had a reason to expect that the deceased worker would be solely responsible for providing them with the necessities of life. [Citations omitted.]

Appellant presents but one question, which we rephrase:

Whether a partially dependent minor should continue to receive partial benefits until age eighteen even if benefits totalling $17,500 are received prior to the attainment of age 18?

We shall construe the statute to hold that the minor should not and will affirm. We explain.

The Law

The Court of Appeals in Tracey v. Tracey, 328 Md. 380, 387-89, 614 A.2d 590 (1992), recently opined, in reference to construing an alimony statute:

*37 While the language of the statute is the primary source for determining legislative intention, the plain meaning rule of construction is not absolute; rather, the statute must be construed reasonably with reference to the purpose, aim, or policy of the enacting body. The Court will look at the larger context, including the legislative purpose, within which statutory language appears. Construction of a statute which is unreasonable, illogical, unjust, or inconsistent with common sense should be avoided.
... Cf. Guardian Life Ins. v. Ins. Comm’r, 293 Md. 629, 643, 446 A.2d 1140 (1982) (where a particular provision of a statute is part of a single statutory scheme the legislative intention must be gathered from the entire statute rather than from only one part) and Howard Co. Ass’n, Retard. Cit. v. Walls, 288 Md. 526, 530, 418 A.2d 1210 (1980) (a statute must be examined as a whole and the interrelationship or connection among all of its provisions considered). [Citations and footnote omitted.]

The Court noted in Subsequent Injury Fund v. Teneyck, 317 Md. 626, 632, 566 A.2d 94

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Cite This Page — Counsel Stack

Bluebook (online)
635 A.2d 64, 99 Md. App. 33, 1994 Md. App. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barr-v-barberry-bros-inc-mdctspecapp-1994.