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Carey v. Chessie Computer Services11/14/2001
This workers' compensation case has a complicated procedural history, having bounced back and forth between the Workers' Compensation Commission ("Commission")and the Circuit Court for Baltimore County several times; each time acquiring another layer of proceedings and each time evading resolution.
It is now before us on an appeal filed by the claimant, Carole J. Carey, (appellant). Ms. Carey's appeal is from an order of the Baltimore County Circuit Court, granting summary judgment in favor of her employer, Chessie Computer Services, Inc., and, its insurer, Reliance Insurance Company (appellees). By granting that motion, the circuit court, in effect, overturned all previous Commission and court rulings in favor of appellant on the ground that they were based on an earlier Commission ruling, which, according to that court, "became of no effect upon the impleader of the Subsequent Injury Fund."
On appeal, appellant challenges that ruling on a variety of grounds, claiming, among other things, that the circuit court lacked jurisdiction to review the earlier Commission order and was barred from so ruling by the doctrine of res judicata and Maryland Rule 7-203(a), which creates a thirty-day period within which a petition for judicial review must be filed. Notwithstanding the number of issues raised by appellant, they are reducible to one question: What effect does a motion to implead the Subsequent Injury Fund ("Fund") have on circuit court proceedings and any past actions taken by that court or the Commission before the impleading of the Fund?
For the reasons that follow, we hold that the impleading of the Fund does not affect the validity of an existing award of compensation made by the Commission. That award will remain in full force and effect until the Commission has had the opportunity to conduct a rehearing on all issues, with the Fund participating as a party, and has issued a new award or superseding order. If the Fund declines to participate in that rehearing or is dismissed as a party, the Commission may permit any existing award of compensation or order of the Commission to stand without conducting the proceedings that the impleading of the Fund would have required. We further hold that no motion, requesting leave of court to implead the Fund, is required by the Labor and Employment Article (L.E.), ยง 9-807 of the Maryland Code Annotated (1991, 1999 Repl. Vol., 2001 Supp.), and that such a motion, if filed, should be granted without delay or may itself be treated as an impleader of the Fund. Furthermore, when the Fund is impleaded, all proceedings before the circuit court must cease, including judicial consideration of pending motions. Once the Fund is impleaded, the case must be remanded to the Commission to permit the Fund to participate as a party. The Commission at that time may consider the propriety of the impleader.
BACKGROUND
Appellant filed a claim with the Commission alleging that, on August 3, 1992, she sustained injuries to her neck, back, and knees while working for appellee Chessie Computer Services, Inc. Two of the injured areas - the neck and lower back - had previously been injured while she was working for another employer, and she had filed a claim under the Federal Employers' Liability Act (FELA) for the prior injury.
Following the filing of her workers' compensation claim, appellant chose not to pursue that claim at that time; instead, she sought redress under Title 45 of the FELA. When her FELA claim was dismissed by the United States District Court for the District of Maryland, appellant turned her attention to her claim before the Commission.
A hearing was held before the Commission on November
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