 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Carey v. Chessie Computer Services11/14/2001
mant was entitled to compensation. Id. at 662-63. The Fund, but not the employer/insurer, sought judicial review of that decision. Id. at 663. After the Fund failed to pursue this matter for over a year, the court dismissed the Fund's action for want of prosecution. Id. Thereafter, the employer/insurer sought to reinstate its action for judicial review, seeking judicial review of the Commission's first decision. Id. In response, the claimant filed a motion for summary judgment, claiming that "there was no dispute as to a material fact and that the issues were rendered moot by the dismissal of the Fund's" action for judicial review. Id. at 664. The circuit court granted the motion, and the employer/insurer appealed to this Court. Id. We affirmed the circuit court's dismissal of the employer/insurer's attempt to reinitiate its action for review of the Commission's first decision on the ground that "the Commission's [second] decision superseded its first holding. . . ." Id. at 667. That decision was then affirmed by the Court of Appeals. Eastern Stainless Steel v. Nicholson, 306 Md. 492 (1986).
Appellees cite our statement in Eastern Stainless Steel that "the first order appealed from by Employer/Insurer had no effect after remand of the case to the Workmen's Compensation Commission." 60 Md. App. at 667. They have taken these words out of context. The prefatory words introducing that statement were unfortunately omitted as well as the reasons for reaching that conclusion. What we actually said was: "For reasons we will state, we hold that the first order appealed from by Employer/Insurer had no effect after remand of the case to the Workmen's Compensation Commission." Id. The "reasons" we then gave were:
First, the issue of accidental injury was reconsidered. The Commission could take into account any additional evidence adduced by the impleaded party, the Fund. Second, Employer/Insurer participated with the Fund in the second hearing. The Commission decided the identical issue concerning all those who would share responsibility for paying the award to claimant. The parties' joint participation and shared interest in the second hearing indicates the Commission considered all available evidence and made a final decision from which both parties could appeal, but Employer/Insurer did not. Id. at 667-68.
In brief, we so held because, on remand, the Commission issued a new decision after considering the same issues but, this time, with all interested parties participating and additional evidence presented. In other words, we held in Eastern Stainless Steel that, upon remand, the Commission's decision was of no preclusive effect, that is, the parties were then free to relitigate all of the same issues. We did not rule, as appellees contend, that the Commission's decision was rendered a nullity by the impleader. There is no language in L.E. § 9-807 that supports such a position. Indeed, L.E. § 9-807 provides only that " f the Subsequent Injury Fund is impleaded on appeal before a circuit court or the Court of Special Appeals, the court shall: (i) suspend further proceedings; and (ii) remand the case to the Commission for further proceedings to give the Subsequent Injury Fund an opportunity to defend against the claim." L.E. § 9-807(b)(2). It does not suggest, either expressly or impliedly, that the Commission's decision is, upon remand, of no further force and effect. Indeed, such a holding would strip the claimant of the benefits that he had been awarded after a hearing in which the employer had had the opportunity to argue the pre-existing nature of the claimant's injuries. It is one thing to give the employer what amounts to a gratuitous second bite of the apple; it is another to give it an en
Page 1 2 3 4 5 6 7 8 9 10 11 Maryland Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|