Breitenbach v. N.B. Handy Company11/8/2001
The question this case presents is whether a workers' compensation claimant, who has been injured in the course of employment and is receiving medical treatment pursuant to an award by the Maryland Workers' Compensation Commission (the "Commission"), is entitled to reimbursement for the cost of transportation to and from the treating health care provider. We shall answer that question in the affirmative.
William B. Breitenbach, the appellant, filed a workers' compensation claim that the N.B. Handy Company and American Manufacturers Mutual Insurance Company, the employer and insurer, respectively, and the appellees, did not contest, and the Commission passed an order granting the appellant benefits, including medical treatment. Subsequently, the appellant requested the appellees to reimburse him, at the rate of $.30 per mile, for the miles he traveled going to and from medical treatment. The request was denied, whereupon the appellant sought and received a hearing before the Commission. The Commission ordered the appellees to reimburse the appellant for his mileage expenses.
The appellees filed a Petition for Judicial Review in the Circuit Court for St. Mary's County. Thereafter, the parties filed cross motions for summary judgment. Following a hearing, the Circuit Court granted the appellees' motion and denied the appellant's, thus, reversing the Commission's decision. Dissatisfied with that ruling, the appellant noted an appeal to the Court of Special Appeals. Prior to that court's consideration of the appeal, we granted certiorari on our own motion. As indicated, we believe that a workers' compensation claimant receiving medical treatment pursuant to an order of the Commission is entitled to be reimbursed the reasonable and necessary transportation expenses for travel to and from that medical treatment. Consequently, we shall reverse the judgment of the Circuit Court for St. Mary's County.
This case involves statutory construction of the Workers' Compensation Act, Title 9 of the Labor and Employment Article, Maryland Code (1999 Repl. Vol., 2000 Cum. Supp.), thus, the principles that guide us have been stated on numerous occasions and are well settled. We recently reiterated those principles in Philip Elecs. North American v. Wright, 348 Md. 209, 212, 703 A.2d 150, 151 (1997), stating:
"As we have repeatedly emphasized, the Act is remedial in nature and "'should be construed as liberally in favor of injured employees as its provisions will permit in order to effectuate its benevolent purposes.'" Para v. Richards Group, 339 Md. 241, 251, 661 A.2d 737, 742 (1995) (quoting Howard Co. Ass'n Retard. Cit. v. Walls, 288 Md. 526, 530, 418 A.2d 1210, 1213 (1980)); see § 9-102 (a). Thus, in interpreting the Act, we do not apply the canon of construction that a statute in derogation of the common law should be strictly construed. § 9-102(b). Moreover, all sections of the Act must be read together, in conjunction with one another, to discern the true intent of the legislature. Vest v. Giant Food Stores, Inc., 329 Md. 461, 466-67, 620 A.2d 340, 342 (1993); Ryder Truck Lines v. Kennedy, 296 Md. 528, 537, 463 A.2d 850, 856 (1983). Of course, we seek to avoid an interpretation which would lead to an untenable or illogical outcome. Greco v. State, 347 Md. 423, 429, 701 A.2d 419, 422 (1997); Waskiewicz v. General Motors Corp., 342 Md. 699, 708, 679 A.2d 1094, 1099 (1996); see also Superior Builders, Inc. v. Brown, 208 Md. 539, 543, 119 A.2d 376, 378 (1956) ("The Act should receive a practical construction, and should be so interpreted and construed as to effectuate its general purpose.").
In construing the Act, as in construing all statutes, the paramount objective is
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