Johnson v. Mayor & City Council of Baltimore

874 A.2d 439, 387 Md. 1, 2005 Md. LEXIS 262
CourtCourt of Appeals of Maryland
DecidedMay 12, 2005
Docket60, 77, September Term 2004
StatusPublished
Cited by65 cases

This text of 874 A.2d 439 (Johnson v. Mayor & City Council of Baltimore) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Mayor & City Council of Baltimore, 874 A.2d 439, 387 Md. 1, 2005 Md. LEXIS 262 (Md. 2005).

Opinions

GREENE, J.

The Legislature is often faced with balancing opposing interests and making difficult choices. This case discusses some of the lines drawn by the Legislature distinguishing [3]*3workers’ compensation benefits for firefighters as different than for their dependents. We are asked to decide the availability of dual benefits for dependents of firefighters who die from particular occupational diseases. That issue has been addressed and decided by the Legislature.

Both Ernest Johnson (Mr. Johnson) and Daniel Luster (Mr. Luster) were Baltimore City Firefighters who died of cancers that were caused by their repeated contact with toxic substances in the line of duty. The cancer prevented both men from performing their duties as firefighters. Both Mr. Johnson and Mr. Luster are survived by their wives and both women receive benefits from their husbands service pension plans.

The issue before this Court is whether the widows may collect the service pension benefits in addition to the full workers’ compensation death benefits, or whether the workers’ compensation death benefits must be reduced by the amount of service pension benefits the widows are currently receiving.

We hold that the statute does not permit the dependents to collect full workers’ compensation death benefits in addition to service pension benefits.

FACTS

The facts in both of these cases are undisputed. Consequently, our recitation of the facts is succinct. Mr. Johnson worked for thirty-two years as a Baltimore City firefighter. As a result of his repeated contact with toxic substances encountered in the line of duty, he contracted colon cancer and became unable to perform his duties as a firefighter. Mr. Johnson’s average weekly wage as a firefighter was $989.75. On March 11, 1994, Mr. Johnson died from colon cancer.1 [4]*4Mrs. Johnson was wholly dependent on her husband at the time of his death. She currently receives $603.90 per week in benefits from Mr. Johnson’s service pension plan.

Mr. Luster was also a Baltimore City firefighter who contracted cancer as a result of his repeated contacts with toxic substances encountered in the line of duty. Because of the cancer, Mr. Luster was unable to perform his duties as a firefighter and ultimately died from pancreatic cancer2 on August 8, 2000. Mr. Luster’s average weekly wage as a firefighter was $821.52. Mrs. Luster was wholly dependent on her husband at the time of his death. She currently receives $294.83 per week in benefits from Mr. Luster’s service pension plan.

Both Mrs. Johnson and Mrs. Luster filed workers’ compensation claims for death benefits, which were heard by the Workers’ Compensation Commission, the Circuit Court for Baltimore City, and the Court of Special Appeals. The Commission and the Circuit Court agreed in both cases that the widows were eligible for benefits and that they were permitted to receive a combination of workers’ compensation and retirement benefits. In both cases, the Circuit Court granted motions for summary judgment filed by the claimants and denied motions for summary judgment filed by the City. As a result of these rulings, the City appealed in both cases to the Court of Special Appeals.

In a reported opinion, the Court of Special Appeals held that Mrs. Johnson was eligible for benefits, but that her workers’ compensation death benefits must be reduced by the amount of service pension benefits that she received.3 Mayor [5]*5& City Council of Baltimore City v. Johnson, 156 Md.App. 569, 596, 847 A.2d 1190 (2004). Mrs. Johnson filed a Petition for Certiorari, which we granted. Johnson v. Baltimore, 382 Md. 687, 856 A.2d 723 (2004).

Similarly, in an unreported opinion, the Court of Special Appeals held that Mrs. Luster was eligible for workers’ compensation death benefits, but that they must be reduced by the amount of service pension benefits that she received.4 We also granted certiorari in that case. Luster v. Baltimore, 383 Md. 214, 857 A.2d 1131 (2004). Because the issue before the Court in these cases is identical, we shall decide the cases together and report our decision in one opinion.

STANDARD OF REVIEW

Under Md. Rule 2-501(e), summary judgment may be granted if “the motion and response show that there is no genuine dispute as to any material fact and that the party in whose favor judgment is entered is entitled to judgment as a matter of law.” We review the grant of summary judgment de novo. Walk v. Hartford Cas. Ins. Co., 382 Md. 1, 14, 852 A.2d 98, 105 (2004). Whether the Circuit Court properly granted summary judgment is a question of law. Id. Therefore, we must decide if the trial court’s decision was legally correct. Id.

In this case, we are called upon to interpret a statute. The question before us is purely a legal one. See Salomon v. Progressive Classic Insurance Company, 379 Md. 301, 307, 841 A.2d 858, 862 (2004) (noting that the only issue presented [6]*6in that case was a question of law involving statutory interpretation); Davis v. Slater, 383 Md. 599, 604, 861 A.2d 78, 80-81 (2004) (stating that “[bjecause our interpretation of ... provisions of the Maryland Code ... are appropriately classified as questions of law, we review the issues de novo to determine if the trial court was legally correct in its rulings on these matters.”).

DISCUSSION

Section 9-502 of the Labor and Employment Article requires employers and insurers to compensate covered employees and their dependents for disability or death that results from an occupational disease.5 This section also limits the liability of employers and insurers by requiring the occupational disease to meet certain requirements in order to be compensable. The section provides in pertinent part:

(a) “Disablement” defined. — In this section, “disablement” means the event of a covered employee becoming partially or totally incapacitated:

(1) because of an occupational disease; and
(2) from performing the work of the covered employee in the last occupation in which the covered employee was injuriously exposed to the hazards of the occupational disease.
(c) Liability of employer and insurer. — Subject to subsection (d) of this section and except as otherwise provided, an employer and insurer to whom this subsection applies shall provide compensation in accordance with this title to:
[7]*7(1) a covered employee of the employer for disability of the covered employee resulting from an occupational disease; or
(2) the dependents of the covered employee for death of the covered employee resulting from an occupational disease.

(d) Limitation on liability. — An employer and insurer are liable to provide compensation under subsection (c) of this section only if:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Al Czervik LLC v. Mayor & City Cncl. of Balt.
Court of Special Appeals of Maryland, 2023
Downer v. Baltimore Cnty
236 A.3d 712 (Court of Special Appeals of Maryland, 2020)
Maryland Attorney General Opinion 103OAG018
Maryland Attorney General Reports, 2018
Patel v. Board of License Commissioners
146 A.3d 1178 (Court of Special Appeals of Maryland, 2016)
Old Republic Insurance v. Gordon
137 A.3d 237 (Court of Special Appeals of Maryland, 2016)
Gray v. Kern
143 F. Supp. 3d 363 (D. Maryland, 2016)
Washington Suburban Sanitary Commission v. Lafarge North America, Inc.
116 A.3d 493 (Court of Appeals of Maryland, 2015)
In Re TYRELL A.
112 A.3d 468 (Court of Appeals of Maryland, 2015)
Harrison-Solomon v. State
112 A.3d 408 (Court of Appeals of Maryland, 2015)
BJ's Wholesale Club, Inc. v. Rosen
80 A.3d 345 (Court of Appeals of Maryland, 2013)
Johnson v. Mayor of Baltimore
61 A.3d 33 (Court of Appeals of Maryland, 2013)
Whitley v. Maryland State Board of Elections
55 A.3d 37 (Court of Appeals of Maryland, 2012)
Arthur E. Selnick Associates, Inc. v. Howard County Maryland
51 A.3d 76 (Court of Special Appeals of Maryland, 2012)
Johnson v. Mayor of Baltimore
40 A.3d 475 (Court of Special Appeals of Maryland, 2012)
Wallace H. Campbell & Co. v. Maryland Commission on Human Relations
33 A.3d 1042 (Court of Special Appeals of Maryland, 2011)
Insurance Commissioner v. State Farm Fire & Casualty Co.
28 A.3d 138 (Court of Special Appeals of Maryland, 2011)
David N. v. St. Mary's County Department of Social Services
16 A.3d 991 (Court of Special Appeals of Maryland, 2011)
Thomas v. Motor Vehicle Administration
13 A.3d 1256 (Court of Appeals of Maryland, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
874 A.2d 439, 387 Md. 1, 2005 Md. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-mayor-city-council-of-baltimore-md-2005.