Montgomery County v. McDonald

564 A.2d 797, 317 Md. 466, 1989 Md. LEXIS 149
CourtCourt of Appeals of Maryland
DecidedOctober 16, 1989
Docket127, September Term, 1988
StatusPublished
Cited by22 cases

This text of 564 A.2d 797 (Montgomery County v. McDonald) 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
Montgomery County v. McDonald, 564 A.2d 797, 317 Md. 466, 1989 Md. LEXIS 149 (Md. 1989).

Opinions

RODOWSKY, Judge.

This case arises under the workers’ compensation statute, Md.Code (1957, 1985 Repl.Vol., 1988 Cum.Supp.), Art. 101 (the Act). We must determine whether the two year limitations period in § 26(a)(4) thereof is tolled when the employer fails to file an occupational disease report with the Workmen’s Compensation Commission (Commission) as required by § 26(b).1 We hold that the employer’s failure to file the required report does not toll the limitations period so that we reverse the decision of the Court of Special Appeals in Montgomery County v. McDonald, 77 Md.App. 153, 549 A.2d 766 (1988).

[468]*468James W. McDonald, Jr. (McDonald) is a civilian police dispatcher for the Montgomery County Police Department. On August 5,1977, he suffered a heart attack, his first, as a result of which he was unable to work until his return to work on October 3, 1977. At or about that time McDonald made no claim with the Commission for workers’ compensation, and Montgomery County filed no employer’s first report of injury. It is conceded that both McDonald and Montgomery County had actual notice, as early as October 1977, that McDonald’s first heart attack was attributable to stress caused by his employment.

McDonald suffered a second heart attack on August 1, 1984. On August 23, 1984, he filed a claim for workers’ compensation, based on his second heart attack. He alleged that he sustained an occupational disease on August 1, 1984, as a result of which he was disabled from August 2, 1984, and continuously thereafter, for which he sought temporary total and permanent partial disability.

On September 5,1984, McDonald filed another claim form with the Commission in which he alleged that he sustained an occupational disease, a heart attack, on August 5, 1977, as a result of which he had been temporarily totally disabled from August 6 to October 2, 1977, that he had been permanently and partially disabled from October 3, 1977, and that he had been temporarily totally disabled on August 2, 1984, and continuously thereafter. At argument in this Court McDonald’s counsel frankly acknowledged the underlying theory of the claim to be that both heart attacks involve the same occupational disease.

“[D]ue to [an] oversight by management,” Montgomery County did not file any employer’s first report of injury until October 11, 1984.

The Commission disallowed any compensation. In its file involving the first heart attack the Commission found that McDonald

“sustained an occupational disease arising out of and in the course of his employment due to heart disease and the [469]*469date of disablement was [August 6], 1977; however, the ... claim is barred by the Statute of Limitations, and the employer’s failure to promptly file an Employer’s First Report of Injury did not extend the time for filing of the employee’s claim for compensation, there being no provision for such extension in Section 26(b)____”

The award in the Commission’s claim file generated by the second heart attack found that it was causally related to the first heart attack and was barred by limitations as well.

McDonald appealed both awards to the Circuit Court for Montgomery County. On summary judgment that court concluded limitations had been tolled. It reversed and remanded the claim based on the first heart attack to the Commission for further proceedings.2 Montgomery County (together with its insurer as of the time of the first heart attack) noted an appeal to the Court of Special Appeals, which affirmed. Montgomery County v. McDonald, 77 Md.App. 153, 549 A.2d 766 (1988).

[470]*470The intermediate appellate court compared Art. 101, § 26(b) with § 38(b).3 Id. at 157-59, 549 A.2d at 768-69. Section 38(b) requires that an employer report an accident to the Commission when that accident results in the disability of an employee “for a period of more than three days following the happening of such accident____” The report must be filed within ten days after the employer has received notice of the accident. Additionally, § 38(c) provides that the limitations period for bringing an action arising from an accidental injury does not run until the report required by § 38(b) is filed with the Commission.4

The Court of Special Appeals determined that the sanction provided by § 38(c) was implied in § 26(b). That court thought that it was significant that § 38(b) affords an employer ten days leeway in which to file the report, while “§ 26(b) emphatically adjures that an employer shall ‘at once report’ to the Commission a disability from an occupational disease occurring to any employee.” Id. at 159, 549 [471]*471A.2d at 769. Not to apply the sanction provided by § 38(c) to § 26(b) would, the court held, cause the words “to at once report” to be “devoid of substance.” Id. We granted certiorari in order to determine whether the Court of Special Appeals was correct in its construction of § 26(b). 314 Md. 629, 552 A.2d 894 (1989).

The argument in this Court has involved an additional legal theory, advanced by McDonald, beyond the implied sanction analysis relied upon by the Court of Special Appeals. McDonald’s second theory, which we discuss in part II, is premised on inclusion of the words “occupational disease” in the § 67(6) definition of “accidental injury.”

I

The Court of Special Appeals has judicially implied, construed or created a tolling sanction in occupational disease cases for an employer’s failure to file a report with the Commission as required by § 26(b). We reverse because tolling (1) changes the effect of the mandatory language in the statute of limitations in § 26(a)(4); (2) is based on an inappropriate analogy to accidental injury cases; (3) violates the legislative intent as manifested by that body’s rejection of the tolling device in favor of a greatly enlarged period of limitations; and (4) departs from the clear majority rule under which courts decline judicially to toll limitations based on an employer’s failure to report a work-related injury or occupational disease.

A

Although the reporting requirement of § 26(b) indeed contains mandatory language, judicially to write into the statute a tolling remedy changes the mandatory command of the two-year statute of limitations in § 26(a)(4) for occupational diseases. That provision reads in part:

“If no claim for disability or death from an occupational disease be filed with the ... Commission within 2 years ... from the date of disablement or death, or the date when the employee or his dependents first has actual [472]*472knowledge that the disablement was caused by the employment, the right to compensation for the disease shall be forever barred____”

(Emphasis added).

Undoubtedly the Act is to be construed liberally in favor of injured employees and to effectuate its remedial purposes, but a liberal rule of construction does not mean that courts are free to disregard the provisions comprising the Act. See, e.g., Lockerman v. Prince George’s County, 281 Md. 195, 202 n. 5, 377 A.2d 1177, 1182 n. 5 (1977) (Although the Act is to be liberally construed, the Court is “not at liberty to disregard its clear meaning.”); Subsequent Injury Fund v. Thomas, 275 Md.

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Montgomery County v. McDonald
564 A.2d 797 (Court of Appeals of Maryland, 1989)

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Bluebook (online)
564 A.2d 797, 317 Md. 466, 1989 Md. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-county-v-mcdonald-md-1989.