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Carey v. Chessie Computer Services11/14/2001
7, 1996. Eleven days later, on November 18, 1996, the Commission issued a decision in which it found that appellant had "sustained an accidental injury arising out of and in the course of employment" and that appellant's disability was "the result of the aforesaid accidental injury." Consequently, the Commission ordered appellees to pay appellant "compensation for temporary total disability . . . less credit for wages paid," and medical expenses. The Commission also ordered that "from the Compensation herein awarded" appellant's lawyer was "entitled to an Attorney Fee in the amount of $5,166.60."
Dissatisfied with the Commission's decision, appellees filed a petition for judicial review in the Circuit Court for Baltimore County on December 18, 1996. The petition claimed simply that the Commission had "erroneously awarded the Claimant benefits."
On October 11, 1997, appellant filed a motion for summary judgment. Instead of filing an answer to that motion, appellees moved to implead the Fund pursuant to L.E. § 9-807. One month later, on November 12, 1997, a hearing was held in the circuit court before the Honorable John G. Turnbull, II, on both motions. At that hearing, appellees argued that when they filed their motion to implead the Fund, the court "was divested of jurisdiction" and therefore could not "consider the motion for summary judgment." They urged the court to suspend proceedings imediately, asserting that the court was required to do so by L.E. § 9-807, and to remand the matter to the Commission so that it could be re-heard with all parties present, including the Fund. In response, appellant urged the court to grant her motion for summary judgment before remanding the case to the Commission to avoid "another year or so of litigation based on a subsequent appeal by the Employer from a further decision of the Workers' Compensation Commission after remand." In addition, appellant maintained that, if the court granted her summary judgment before it granted appellees' motion to implead, it would "have no affect whatsoever on the Subsequent Injury Fund" because the Fund would still "have the right to have the matter heard at the Commission level" and there the Fund could "raise the question of accidental injury . . . compensability of the claim."
Because "the motion [for summary judgment] was filed prior to the motion to implead," and the court had not yet granted the motion to implead, Judge Turnbull ruled that the court still had jurisdiction over the matter and would consider the summary judgment motion first. After noting the failure of appellees to file an answer to the motion for summary judgment, Judge Turnbull granted appellant's motion for summary judgment, then granted appellees' motion to implead the Fund and ordered that the matter be remanded to the Commission. Because the order in which Judge Turnbull ruled on the motions at issue is important, we quote his words:
The Claimant's motion for summary judgment filed October 10, 1996 paper number fifteen thousand is granted. The motion to implead filed October 14, 1996, paper twenty thousand is granted. The case is remanded to the Commission for further proceedings.
Appellees then filed a motion to alter or amend judgment. That motion was denied on December 11, 1997. Two years later, on December 23, 1999, a hearing was held before the Commission. Although it had been impleaded, the Fund did not participate in that hearing, and neither the record filed in this Court nor the briefs submitted by the parties provides any explanation for the Fund's absence. Nonetheless, the Commission heard argument on issues that it believed did not involve the Fund, namely, whether appellees had failed to co
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