Giant Food, Inc. v. Eddy

947 A.2d 161, 179 Md. App. 633, 2008 Md. App. LEXIS 50, 2008 WL 1932195
CourtCourt of Special Appeals of Maryland
DecidedMay 5, 2008
DocketNo. 1066
StatusPublished
Cited by3 cases

This text of 947 A.2d 161 (Giant Food, Inc. v. Eddy) 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
Giant Food, Inc. v. Eddy, 947 A.2d 161, 179 Md. App. 633, 2008 Md. App. LEXIS 50, 2008 WL 1932195 (Md. Ct. App. 2008).

Opinion

JAMES R. EYLER, Judge.

Appellants, Giant Food, LLC, employer, and Lumberman’s Mutual Casualty Company, insurer, appeal from an order, and the subsequent denial of their motion to alter or amend, of the Circuit Court for Anne Arundel County, finding that appellee, David Eddy’s, request for modification of his workers’ compensation award was timely, and remanding the case to the Workers’ Compensation Commission (“Commission”). On appeal, appellants contend that the circuit court erred in finding that appellee’s request for additional compensation was not barred by Maryland Code (1999 Repl.Vol., 2007 Supp.), § 9-736 of the Labor and Employment Article (“L.E.”), which provides that a request to modify an award must be filed [635]*635within five years after the last compensation payment. We agree, and reverse.

Factual Background

The background of this case is undisputed; thus, we shall quote from appellants’ brief, omitting citations to the record, and supplementing where necessary.1

On January 30, 1991, the [appellee] filed a claim for compensation alleging an accidental injury involving the right leg/knee suffered on June 25,1990.[2] The [appellants] acceded to the claim and paid compensation benefits for temporary total disability for various periods from June 26, 1990 through January 14,1992.
On or about March 9, 1992, the parties ... reached an agreement regarding the [appellee’s] permanent partial disability and filed a Stipulation with the Commission. The Stipulation noted that the [appellee] had a permanent partial disability of 32.5% to the left leg/knee, which compensation was payable at the rate of $144.00, beginning January 25, 1992, for 97.5 weeks. On March 12, 1992, [the Commission] approved the Stipulation. Pursuant to the approval, the [appellants] commenced payment of permanent partial disability benefits. The date of the last compensation payment pursuant to the Stipulation [was] February 2, 1993.
On January 9, 1998, the [appellee] ... filed a Request for Reopening due to a worsening of condition.p[3] The Request for Reopening referred to “attached Medical Records”.... A hearing was scheduled for February 17, 1999. However, on February 16, 1999, [appellee’s] then counsel filed a letter with the Commission withdrawing the issue(s) previously [636]*636filed and stating that the issue(s) has/have been resolved prior to the hearing.[4] The letter also requested that the hearing be canceled by request of the [appellee].
The Commission noted “CROR”[][5] on the February 16, 1999 letter even though the [appellee] was withdrawing his issue(s) because it (they) had been resolved. The resolution of those issues resulted in additional medical treatment as well as an additional period of temporary total disability benefits.[6] Temporary total disability benefits were paid for the period of December 2, 1997 through September 13, 1998. The undisputed date of the last payment of compensation [was] September 13,1998.
This claim lay dormant until on or about July 14, 2006, when the [appellee] ... filed a Request for Emergency Hearing and raised issues, specifically, authorization for medical treatment and temporary total disability benefits from June 3, 2006 to present and continuing.[7] On July 17, 2006, [the Commission] disapproved the [appellee’s] request and noted that the case would be set in the normal course.
On August 1, 2006, the [appellee] again filed a Request for Emergency Hearing but this request only noted the [appellee’s] desire to have the additional surgery on his left knee. This filing did not re-request the additional period of temporary total disability benefits. On August 2, 2006, [the [637]*637Commission] approved the request and noted that a hearing would be scheduled on an accelerated basis.
A hearing was scheduled for August 25, 2006. However, prior to the scheduled hearing, the [appellants] authorized the additional surgery to the [appellee’s] left knee while denying the request for additional temporary total disability benefits based on section 9-736. The [appellee] underwent the additional surgery on August 23, 2006.
On August 25, 2006, a hearing was held before [the Commission]. The only issue before the Commission was [appellee’s] request for additional temporary total disability benefits. The [appellants] relied on section 9-736 as a bar to further temporary total disability benefits. [The Commission], by Order dated September 19, 2006, denied the [appellee’s] request for temporary total disability benefits based on section 9-736.
On September 27, 2006, the [appellee] filed a Petition for Judicial Review with the [circuit court]----The only issue on appeal was whether the [appellee’s] request for additional temporary total disability benefits was barred by section 9-736. Motions for Summary Judgment were filed by both parties. A motions hearing was held ... on April 20, 2007, and on May 18, 2007 ... [the court issued its ruling].

On May 18, 2007, the court entered a memorandum opinion and order, remanding the case to the Commission for further proceedings. The court’s opinion provided as follows, in relevant part.

The question in this case is whether the Commission properly applied § 9—736(b)(3) (iii), which states that an award may not be modified if the modification is not applied for within five years of the last compensation payment. In this case, the last compensation payment was made on September 13, 1998. The Commission designated the case as CROR on February 17, 1999. The [appellee] requested a hearing on the issue of disability benefits on July 14, 2006. Thus, while the [appellee’s] most recent petition was not [638]*638filed within five years of the final compensation payment, the case was pending as CROR at the time the [appellee] requested the case be reset.
As this case was pending CROR, § 9—736(b)(3)(iii) does not render the [appellee’s] request untimely. The statute requires a modification be “applied” for by a certain date. The [appellee’s] 1998 petition for a modification was filed within 5 years of the final compensation payment, satisfying the statute of limitations. The hearing on that petition was postponed, which tolled the statute of limitations until the petition was either heard or withdrawn.
In its memorandum, the [appellants] argue the Commission cannot maintain continuing jurisdiction by way of an award, and cites case law on that point. However, in this case the Commission maintained jurisdiction by designating the case CROR, and not by a way of a Workers’ Compensation award. Therefore, the [appellants’] cited case law is distinguishable from the facts of this case. As the [appellee’s] case was pending CROR, the Commission had jurisdiction to hear the [appellee’s] most recent request for disability benefits.
* * *
The provisions of § 9—736(b) (3) (iii) were satisfied and the [appellee’s] request for modification is timely. Thus, the Commission erred as a matter of law in refusing to consider [appellee’s] most recent request for disability benefits.

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Bluebook (online)
947 A.2d 161, 179 Md. App. 633, 2008 Md. App. LEXIS 50, 2008 WL 1932195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giant-food-inc-v-eddy-mdctspecapp-2008.