Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Richardson v. Home Mutual Life Insurance Co.

Decided: June 9, 1964.

RICHARDSON
v.
HOME MUTUAL LIFE INSURANCE COMPANY ET AL.



Appeal from the Superior Court of Baltimore City (HARLAN, J.).

The cause was argued before Brune, C.J., and Henderson, Hammond, Horney and Marbury, JJ.

Hammond

HAMMOND, J., delivered the opinion of the Court.

Appellant, a workman injured on the job, applied for compensation and on May 15, 1962, the Workmen's Compensation Commission found that he had

"sustained a permanent partial disability under 'Other Cases' amounting to 80% industrial loss of use of his body as a result of the injury to his back, spine, pelvis, hips and legs, on December 27, 1960; and finds on the fourth issue that 20% of such disability is reasonably attributable to the accidental injury on December 27, 1960, and 40% thereof is due to a preexisting disease and 20% thereof is due to physical conditions unrelated to the aforesaid accidental injury."

and ordered that compensation for temporary total disability terminate on May 1, 1961, and payments for permanent partial disability at the rate of $25.00 a week be made, beginning May 2, 1961, not to exceed the total of $2,500.

On June 13, 1962, the appellant entered an appeal to the Superior Court of Baltimore City and, pursuant to Md. Rule B2 e, filed a petition setting forth "the action appealed from, the

error committed by the agency in taking such action, and the relief sought * * *." The petition alleged that the Commission erred on the facts and the law in failing to find that the petitioner sustained (a) "a permanent disability" in excess of 80% industrial loss and (b) "a permanent total disability," and stated that the petitioner "has taken an appeal in order to have this case tried de novo before a court and jury to determine the nature and extent of permanent disability * * *."

The jury, answering two issues, found that although the appellant was 100% disabled none of the disability was attributable to the accident.

To us the appellant argues earnestly that on appeal from the Commission the trial court could try only the issue or issues raised by the appealing party, and, in the absence of an appeal or cross-appeal by the other party, cannot try any issue sought to be raised by it. The product of this argument is the claim that because the employer did not appeal, the claimant has a vested interest in the award to him by the Commission of 20% permanent partial disability attributable to the accident and that, while he can seek by appeal to raise that disability to a ceiling of 100% from a floor of 20%, it cannot be lowered.

There is strong indication that this contention is unsound. Md. Rules B1 through B12 govern the procedural aspects of appeals from the Commission to the trial court, but Code (1957), Art. 101, Sec. 56 (a), grants appeals and controls substantive rights and obligations flowing therefrom.*fn1 Hensley v. Bethesda Metal Co., 230 Md. 556. Sec. 56 (a) provides that "[a]ny employer, employee, beneficiary or person feeling aggrieved by any decision of the Commission" may have the decision reviewed by a geographically appropriate common law court "and the court shall determine whether ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.