Vest v. Giant Food Stores, Inc.

605 A.2d 627, 91 Md. App. 570, 1992 Md. App. LEXIS 101
CourtCourt of Special Appeals of Maryland
DecidedApril 30, 1992
DocketNo. 875
StatusPublished
Cited by9 cases

This text of 605 A.2d 627 (Vest v. Giant Food Stores, Inc.) 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
Vest v. Giant Food Stores, Inc., 605 A.2d 627, 91 Md. App. 570, 1992 Md. App. LEXIS 101 (Md. Ct. App. 1992).

Opinions

HARRELL, Judge.

This case requires us to interpret the Maryland’s Workers’ Compensation Code provisions governing the limitations period for modifying compensation awards. The appellant was injured during the course of his employment and received temporary total disability payments. He later claimed permanent partial disability benefits but the Workers’ Compensation Commission (Commission), relying upon time limitations, denied his claim, ultimately placing his case before us.

FACTS AND PROCEEDINGS

Woodrow Wilson Vest, the appellant, injured his lower back on 3 November 1980. On 30 December 1980, Vest filed with the Commission a completed form entitled “Employee’s Claim,” alleging that he was injured in the course of his employment with Giant Food Stores, Inc. (Giant). Giant did not contest or file issues with regard to Vest’s claim. No hearing was requested by Vest, Giant, or Giant’s insurer. Consequently, no hearing was conducted by the Commission.

On 30 January 1981, relying on the information set forth in the claim and any other documentation in its file, the Commission issued an “Award of Compensation”1 finding [573]*573that Vest “sustained an accidental injury arising out of and in the course of employment on November 3,1980 — that the average weekly wage was $529.64, and that the claimant was temporarily totally disabled as a result of said injuries.” The Commission ordered the employer/insurer to pay Vest $241.00 per week “during the continuance of the temporary total disability ... compensation to begin on the 8th day of November, 1980.” The bottom of the Award of Compensation contains a sentence indicating that “[t]his Award is subject to further determination by this Commission as to whether the claimant has sustained any permanent disability.”

Vest signed a “Statement of Compensation Paid” on 21 December 1980, and this was filed with the Commission. The form indicates that it is a “statement of compensation already paid, and signing means compensation payments cease. The case, however, is subject to review by the Workmen’s Compensation Commission, and claimants should take the matter up promptly with the commission if anything further develops.” The statement reflected payments from Giant to Vest in the amount of $1618.15 to compensate Vest for his temporary total disability.

We note here that Vest received temporary disability payments in addition to those reflected in the initial “Award of Compensation” and the “Statement of Compensation Paid,” but the record is silent as to the procedures by which the payments resumed.

Vest received temporary total disability benefits from 5 November 1980 to 21 December 1980. These payments resumed on 28 December 1980, and continued until 3 January 1981. He received them again on 1, 2 and 5 February 1982. He also intermittently received temporary partial disability benefits from 20 December 1980 through 12 June 1981. The temporary partial disability payments resumed from 23 January 1982 through 6 March 1982. On 5 April 1982, Vest received the last temporary disability payment pursuant to his claim.

[574]*574Vest subsequently required two disc surgeries, which he alleges were directly related to the injuries he suffered on 5 November 1980. Unfortunately for Vest, these surgeries were performed long after the limitations period purported to apply to his initial injury had expired. Vest’s physician, Dr. John Bucur, determined that Vest had a forty-five percent partial disability of his lower back as the result of these operations. When Vest asked his insurance carrier adjuster whether he was entitled to permanent partial disability benefits, the adjuster told him that time limitations barred his claim.

On 5 April 1989, Vest formally requested additional benefits, and petitioned to reopen his claim, but the Commission on 28 August 1989 denied Vest’s request on the ground that the request was barred by time limitations.

Vest appealed this decision to the Circuit Court for Prince George’s County, which granted Giant’s2 motion for summary judgment on the basis of time limitations: Vest’s claim for permanent partial disability benefits was made too late. Vest asked the court to amend its judgment, arguing that there had been no “award of compensation” within the meaning of the relevant statutory provision governing modifications. Vest also argued that the Commission made no findings and issued no order with respect to whether Vest sustained any permanent disability. On 15 May 1991, the Circuit Court denied Vest’s motion to amend judgment.

Vest now appeals, asking us to consider:

I. Whether the 30 January 1981 administrative order of the Workmen’s Compensation Commission is an award of compensation within the contemplation of Article 101 40(c)?
II. Whether the period of limitations contained in Article 101 40(c) bars an employee’s claim asserted more than five years after an administratively-granted award of the [575]*575Commission which did not make or purport to make findings with respect to the issue of permanent partial disability?

STATUTORY BACKGROUND

We note at the outset that we must construe the state’s Worker’s Compensation Act as liberally as possible in the injured employee’s favor, “in order to effectuate its benevolent purposes.” Howard County Ass’n for Retarded Citizens v. Walls, 288 Md. 526, 530, 418 A.2d 1210 (1980). See also Md.Labor and Employment Code Ann. § 9-102 (Construction of title) (1991). Moreover, uncertainties should be resolved in the claimant’s favor. See Lovellette v. Mayor of Baltimore, 297 Md. 271, 282, 465 A.2d 1141 (1983).

The statutory provision at issue here, in one incarnation or another, has been part of the Maryland Code for a long time. See Holy Cross Hosp. v. Nichols, 290 Md. 149, 154, 428 A.2d 447 (1981) (tracing the time limitation’s history from its roots in the original Acts of 1914, Chapter 800, §§ 39, 42, 53). Although the time limit for modifying earlier awards has sustained numerous assaults,3 this particular challenge apparently poses heretofore unraised arguments. The subsection provides as follows:

(c) Modifications or changes. — The powers and jurisdiction of the Commission over each case shall be continuing, and it may, from time to time, make such modifications or changes with respect to former findings or orders [576]*576with respect thereto as in its opinion may be justified; provided, however, that no modification or change of any award of compensation shall be made by the Commission unless application therefor shall be made to the Commission within five years next following the last payment of compensation.
Md.Ann.Code art. 101, § 40(c) (1985).4

WHETHER THE COMMISSION’S 30 JANUARY 1981 ORDER WAS AN AWARD

Appellant calls on the Court to analyze the meaning of the document entitled “Award of Compensation” which was issued by the Commission on 30 January 1991 and signed by the Chairman of the Workers’ Compensation Commission, Charles J. Krysiak.

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Cite This Page — Counsel Stack

Bluebook (online)
605 A.2d 627, 91 Md. App. 570, 1992 Md. App. LEXIS 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vest-v-giant-food-stores-inc-mdctspecapp-1992.