Injured Workers’ Ins. Fund v. Subsequent Injury Fund

In two cases before the Workers’ Compensation Commission, the Commission concluded that under Md. Code Ann. Lab. & Empl. 9-806, the amount owed to the Subsequent Injury Fund (SIF) by the employers in these cases - the Maryland Transit Administration (MTA) and Baltimore County - is 6.5 percent of the Commission’s award of compensation prior to the deduction of any statutory offset. The circuit courts affirmed the decisions of the Commission. The Court of Special Appeals affirmed. The MTA and the County each filed a petition for writ of certiorari with the Court of Appeals. The Court of Appeals granted certiorari in both cases and consolidated them in this opinion to address the question of whether the SIF assessment under section 9-806 should be calculated based on the amount of an award prior to the statutory offsets granted by Md. Code Ann. Lab. & Empl. 9-610 and 9-503(e). The Court answered the question in the affirmative and affirmed the judgment of the Court of Special Appeals. View "Injured Workers' Ins. Fund v. Subsequent Injury Fund" on Justia Law