Gang v. Montgomery CountyAnnotate this Case
The Supreme Court reversed the decision of the Court of Special Appeals reversing the decision of the circuit court affirming the decision of the Workers' Compensation Commission modifying an order that provided Officer Peter Gang, who was injured working as a correctional officer for Montgomery County, a compensation award for a permanent partial disability resulting from his injury, holding that the Commission was authorized to retroactively modify the compensation award.
Specifically, the Commission retroactively adjusted the rate of compensation because, as a public safety employee, Officer Gang had been entitled to a higher rate of compensation than that which he initially received. The Court of Appeals concluded that the Commission was not statutorily authorized to retroactively modify Officer Gang's rate of compensation. The Supreme Court affirmed, holding (1) under section 9-736(b) of the Workers' Compensation Act, the Commission may modify the compensation award within five years from the date of the last compensation payment; and (2) because Officer Gang applied for the correction before the statutory five-year period expired the Commission properly exercised its continuing jurisdiction to retroactively correct the rate of compensation in Officer Gang's award for permanent partial disability based on an error of law.