Mayor of Baltimore v. Cassidy

656 A.2d 757, 338 Md. 88, 1995 Md. LEXIS 43
CourtCourt of Appeals of Maryland
DecidedApril 10, 1995
DocketNo. 59
StatusPublished
Cited by73 cases

This text of 656 A.2d 757 (Mayor of Baltimore v. Cassidy) 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
Mayor of Baltimore v. Cassidy, 656 A.2d 757, 338 Md. 88, 1995 Md. LEXIS 43 (Md. 1995).

Opinion

BELL, Judge.

We granted certiorari to determine whether the loss of two eyes in a single accident, which does not result in permanent total disability, is compensable pursuant to Maryland Code (1991) § 9-627(d)(l)(vi), of the Labor and Employment Article, at double the rate for the loss of one eye, or under § 9-627(k), “Other Cases.” The Workers’ Compensation Commission (“the Commission”) determined that such a loss, together with other injuries sustained in the same accident, constituted an 85% industrial loss of use of the body, and, thus, was compensable under the latter provision. Neither the Circuit Court for Baltimore City nor the Court of Special Appeals agreed, both holding that the former provision was as applicable to the [91]*91provision of the loss of two eyes as it was to one. We shall reverse.

I.

On October 22, 1987,1 the respondent, Eugene Cassidy, a Baltimore City Police officer, was shot in the line of duty and seriously injured. He sustained a complete loss of the senses of sight, taste, and smell. In addition, a bullet remains lodged in his head. The respondent is currently employed by the Police Department as an instructor at the Police Academy at a salary exceeding the amount he earned at the time of his injury.

Upon the respondent’s application for workers’ compensation, the Commission held a hearing to determine the nature and extent of the respondent’s permanent partial disability. At that hearing, neither the fact nor the nature of the respondent’s injuries was disputed. Indeed, the petitioner, the May- or and City Council of Baltimore, stipulated that the respondent was 100% blind and the respondent informed the Commission of his other injuries. Proceeding under “Other Cases,” the Commission determined that the respondent’s permanent partial disability amounted to an 85% industrial loss of use of the body. It awarded the respondent compensation at the rate of $244.00 per week for 567 weeks.2

[92]*92The respondent sought judicial review of the award in the Circuit Court for Baltimore City, challenging, in particular, the Commission’s treatment of his loss of vision claim. He filed in that court a “Motion for Partial Summary Judgment and Remand to the Commission” arguing, in effect, that the loss of two eyes is a scheduled loss, as a matter of law, and, thus, should have been calculated pursuant to § 9-627(d)(l)(vi). He sought an award of 667 weeks for his loss of vision.3 Although conceding that his other losses — taste, smell, and head injury — were properly considered under “Other Cases,” but noting that the Commission’s order was silent as to them, the respondent sought remand of the case to the Commission for a determination of the extent of permanent partial disability attributable to the other losses.

The circuit court granted the respondent’s motion in part.4 It awarded permanent partial disability “amounting to 100% loss of vision in both eyes,” calculated pursuant to § 9-627(d)(l)(vi)5 and remanded the case to the Commission to determine “the amount of permanent partial disability the claimant sustained, if any, to his head and from the loss of [93]*93taste and sense of smell.”6

The petitioner appealed to the Court of Special Appeals. After that court affirmed the judgment of the circuit court, City of Baltimore v. Cassidy, 99 Md.App. 465, 637 A.2d 897 (1994), we granted the City’s petition for certiorari to consider the important issue this case presents.

II.

Whether the loss of two eyes, as contrasted to the loss of one eye, is a scheduled loss is a matter of statutory construction, the object of which is to discern and effectuate the intention of the Legislature. Gargliano v. State, 334 Md. 428, 435, 639 A.2d 675, 678 (1994); Motor Vehicle Admin. v. Seidel Chevrolet, Inc., 326 Md. 237, 248, 604 A.2d 473, 479 (1992); Mustafa v. State, 323 Md. 65, 73, 591 A.2d 481, 485 (1991). While the search for legislative intent begins, and ordinarily ends, with the words of the statute under review, Harris v. State, 331 Md. 137, 145, 626 A.2d 946, 950 (1993)— where the ordinary and common meaning of the words, see Dickerson v. State, 324 Md. 163, 171, 596 A.2d 648, 652 (1991); Cunningham v. State, 318 Md. 182, 185, 567 A.2d 126, 127 [94]*94(1989), is clear and unambiguous, it is ordinarily unnecessary to go further, State v. Thompson, 332 Md. 1, 7, 629 A.2d 731, 734 (1993); Mustafa, 323 Md. at 73, 591 A.2d at 485 — because it is part of the context, a related statute that fairly bears on the fundamental issue of legislative purpose or goal must also be considered. Popham v. State Farm Mutual Insurance Company, 333 Md. 136, 148, 634 A.2d 28, 34 (1993); GEICO v. Insurance Commissioner, 332 Md. 124, 131-32, 630 A.2d 713, 717 (1993).

The statute at issue in this case is § 9-627. Pertaining to the duration of compensation payable with respect to a permanent partial disability, it provides, in pertinent part:

(a) In General. — If a covered employee is entitled to compensation for a permanent partial disability under this Part IV of this subtitle, the employer or its insurer shall pay the covered employee compensation for the period stated in this section.
(b) Loss of thumb, finger, or great toe.
* * * * * *
(c) Loss and loss of use of phalanxes and digits.
❖ * * * * *
(d) Loss of other toes, hand, arm, foot, leg, eye, hearing, or septum.—
(1) Compensation shall be paid for the period listed for the loss of the following:
# * * * * *
(vi) An eye, 250 weeks.
* # * * * *
(e) Permanent loss of use of hand, arm, foot, leg, or eye.— The permanent loss of use of a hand, arm, foot, leg, or eye shall be considered equivalent to the loss of the hand, arm, foot, leg, or eye.
(f) Partial loss of vision.—
[95]*95(k) Other Cases. — (1) In all cases of permanent partial disability not listed in subsections (a) through (j) of this section, the Commission shall determine the percentage by which the industrial use of the covered employee’s body was impaired as a result of the accidental personal injury or occupational disease.

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Bluebook (online)
656 A.2d 757, 338 Md. 88, 1995 Md. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayor-of-baltimore-v-cassidy-md-1995.