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Carey v. Chessie Computer Services11/14/2001
dered after both sides had had the opportunity to present their cases before the Commission, merely because the employer or insurer chose belatedly to file a motion to implead. Such a result would work a grave injustice on the claimant, invite frivolous motions to implead, and unnecessarily delay resolution of claims. It would also run afoul of the rule that an appeal does not stay "an order of the Commission requiring payment of compensation," and the general policy behind that rule, namely, "that of affording day to day support to injured employees." See L.E. ยง 9-741(1); see also Bayshore Indus., Inc. v. Ziats, 229 Md. 69, 77 (1962).
Finally, we consider appellant's last contention that " he order of the workers' compensation commission of January 18, 2000 was correct." In that order, the Commission found that appellees "failed to pay the Order of this Commission dated November 18, 1996," which resulted in an underpayment of $38,866.28. The Commission also directed appellees to pay appellant "an additional 20% penalty for non-payment of the award" as well as "an additional attorney fee in the amount of $400.00" to appellant's attorney. In the order granting summary judgment in favor of appellees, having considered the Commission's 1996 decision to be "of no effect," Judge Hennegan reversed the Commission's 2000 decision. Although the parties presented arguments regarding the Commission's 2000 decision itself, the record does not indicate that Judge Hennegan based his decision reversing the Commission's 2000 decision on anything other than his previous conclusion that the 1996 decision was of no effect. In light of our holding that the 1996 decision remains in effect until superseded by a new decision, the court must reconsider its ruling, though not necessarily reach a preordained result. We shall therefore vacate Judge Hennegan's order and remand this case for further proceedings consistent with this opinion.
JUDGMENT OF THE CIRCUIT COURT GRANTING SUMMARY JUDGMENT IN FAVOR OF APPELLEES IS VACATED. CASE REMANDED TO THE CIRCUIT COURT FOR FURTHER PROCEEDINGS.
COSTS TO BE PAID ONE-HALF BY APPELLANT AND ONE-HALF BY APPELLEES.
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