Montgomery County v. Deibler
Annotate this CaseEmployee received two knee injuries while working as a firefighter for Employer. Employee filed claims with the Worker's Compensation Commission, requesting disability compensation for the loss of income stemming from each injury. The Commission ordered that Employee should receive temporary partial disability compensation for the period in which he worked light duty after both injuries. Employer sought judicial review. At issue before the circuit court was whether a loss of Employee's ability to work overtime, and its associated loss in overtime compensation, qualified as a lessening of Employee's wage earning capacity for the purposes of Md. Code Ann. Lab. & Empl. 9-615(a). The circuit court affirmed the Commission's order, ruling that the term "wage earning capacity" could fairly include overtime compensation. The Court of Appeals affirmed, holding (1) the term "wage," as used in the phrase "wage earning capacity" in section 9-615(a), includes compensation paid for overtime hours worked prior to temporary partial disability; and (2) the Commission correctly determined that Employee's wage earning capacity was "less," under section 9-615(a), entitling him to compensation payment in accordance with the calculation scheme set forth in that section.
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