Mayor of Baltimore v. Schwing

696 A.2d 511, 116 Md. App. 404, 1997 Md. App. LEXIS 120
CourtCourt of Special Appeals of Maryland
DecidedJuly 9, 1997
DocketNo. 1693
StatusPublished
Cited by2 cases

This text of 696 A.2d 511 (Mayor of Baltimore v. Schwing) 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
Mayor of Baltimore v. Schwing, 696 A.2d 511, 116 Md. App. 404, 1997 Md. App. LEXIS 120 (Md. Ct. App. 1997).

Opinions

DAVIS, Judge.

The Mayor and City Council of Baltimore (the City) appeals from an Order of the Circuit Court for Baltimore City dated September 27,1996. The circuit court had remanded the case to the Workers’ Compensation Commission for further proceedings on a claim for benefits filed in 1983, which the circuit court held was not barred by the applicable limitations period and which rendered a claim, filed in 1994 for the same injury, superfluous and unnecessary. The court set forth its decision and reasoning in a Memorandum Opinion. Joseph Charles Schwing, Jr., (the claimant or Schwing) the claimant of the benefits, cross-appealed from that Order. On December 17, 1996, the circuit court issued, sua sponte, a Memorandum Opinion Addendum that purported to supplement the original Order and Memorandum Opinion. The City presents the following questions for our review:

I. Did the circuit court have jurisdiction to decide whether Claim No. A-895606, filed on June 23, 1983, was barred by the limitations provision of § 9-736 of the Workers’ Compensation Law of Maryland?
II. Did the circuit court have jurisdiction to issue its Memorandum Opinion Addendum of December 17, 1996?
[409]*409III. Was the circuit court’s September 1996 opinion correct that Claim No. B-309534, filed March 10, 1994, is barred by limitations? 1

We answer the first and third questions in the negative. We need not address the second question. We reverse the decision of the circuit court.

FACTS

The claimant contracted heart disease as a result of his duties as a fire fighter with the Baltimore City Fire Department. On December 2, 1982, at the age of forty-two, he suffered a heart attack. He was unable to work from December 2, 1982 until the first week of February, 1983.2 In July, 1983, he underwent a cardiac catheterization and was again unable to work from July 12 to July 15, 1983. The City paid Schwing his full salary for the periods he was unable to work, under a collective bargaining agreement between the City and the fire fighters’ union, which provided for payment of full salary for six months from the date of the injury, regardless of whether the illness or injury was suffered in the line of duty. The claimant’s medical expenses were paid by his health insurer.

Schwing filed Claim No. A-895606 (Claim A) with the Workers’ Compensation Commission of Maryland (Commission) on May 23, 1983. He stated in Claim A that December 3, 1982 was the first day he could not work and that he performed no work during the “period of disability.” The City filed issues contesting the claim and impleading the Subsequent Injury Fund (Fund).

[410]*410On June 21, 1983, the Commission ordered Schwing and the City to file a stipulation that, inter alia, they had sent to the Fund Schwing’s medical records and copies of all filings in Claim A. The Commission’s Order stated that the matter would not be set for a hearing on the merits of the claim until the parties had filed the stipulation. This written Order is the last record of any action pertaining to Claim A.

Schwing’s heart condition was monitored after his hospitalization, and although he was in general good health, his cardiac condition deteriorated. Nevertheless, he performed his regular duties as a fire fighter until December 9, 1993, when, as a result of an abnormal stress thallium test, he underwent a catheterization. On December 16, 1993, he underwent quadruple bypass surgery. He was unable to work from December 9, 1993 until February 25, 1994, when he returned to duty as a fire fighter.

On March 10, 1994, the claimant filed Claim B-309534 (Claim B) with the Commission, alleging that he suffered from an occupational disease—specifically, cardiovascular disease triggered by “artery blockage and heart damage from infarctions.” He stated on his claim that he had filed no previous claim for this occupational disease.3 On April 18, 1994, the City filed issues on Claim B, alleging, inter alia, that Claim B was barred by limitations.

At the Commission hearing on July 25, 1994, the City argued that Claim B was barred by limitations because the claimant had filed Claim A in 1983 for the same occupational disease. The City contended that Schwing was obligated to proceed under Claim A, which was never resolved. For his part, the claimant contended that the heart attack that [411]*411prompted Claim A was not the cardiovascular disease that had slowly developed since then, for which Claim B was filed. His counsel argued:

What happened in 1982 has nothing to do with the cardiovascular disease that has been developing over the course of time, for which he had his quadruple bypass and for which he had a second myocardial infarction recently, so I don’t think the ’82 claim has a thing to do with it.

The Commission disagreed, concluding that the 1982 heart attack was caused by cardiovascular disease, and that this disease was the same occupational illness for which the claimant filed Claim B. The Commission expressly stated that its ruling stemmed from a “layman’s understanding” of the nature of cardiovascular disease; it urged the claimant to appeal the decision.

Schwing did. After the Commission’s record was filed in the circuit court, the City filed a Motion for Summary Judgment. In its Motion, the City alleged that Claim B was time-barred by Md.Code (1991 RepLVol.), § 9-711 of the Lab. & Empl. Art. (L.E.), which requires a covered employee to file a claim with the Commission within two years of, inter alia, a disablement suffered as a result of an occupational disease, or the date on which the covered employee first had actual knowledge that the disablement was caused by the employment. L.E. § 9-711(a). Arguing that Schwing’s current cardiovascular disease was an aggravation of the same condition he had in 1983, the City maintained that he was precluded from filing a new claim based on this preexisting, albeit aggravated, condition. The City also argued that Waskiewicz v. General Motors Corp., 342 Md. 699, 679 A.2d 1094 (1996), prevented a claimant from basing a claim for benefits upon continuous exposures that caused the worsening of a preexisting disease, for which a claim had already been filed.

In response, the claimant argued that he suffered no disablement in 1983 that triggered the running of the two-year limitations period, because he was able to resume his duties after his heart attack and because he was paid wages under [412]*412the labor agreement, not as injured workers’ compensation. He also argued that Waskiewicz was inapposite because the Court of Appeals in that case addressed the issue of a new claim following an old claim for which benefits had been paid. Schwing had not received benefits under Claim A because his 1983 medical expenses were paid through private insurance and because his lost wage payments resulted from a labor agreement, not a workers’ compensation claim.

On September 10, 1996, the circuit court determined that Schwing suffered a disability by virtue of the heart attack that caused him to miss work for approximately two months in 1982 and 1983. Because he filed Claim A within six months after his disability, the court ruled that L.E.

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Related

Mayor & City Council v. Schwing
717 A.2d 919 (Court of Appeals of Maryland, 1998)

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Bluebook (online)
696 A.2d 511, 116 Md. App. 404, 1997 Md. App. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayor-of-baltimore-v-schwing-mdctspecapp-1997.