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NOOE v. CITY OF BALTIMORE

No. 143, September Term, 1975.

28 Md. App. 348 (1975)

345 A.2d 134

WALTER C. NOOE, JR. v. MAYOR AND CITY COUNCIL OF BALTIMORE.

Court of Special Appeals of Maryland.

Decided October 7, 1975.

Attorney(s) appearing for the Case

Karl B. Brockman, with whom was Alvin Sellman on the brief, for appellant.

Edward J. Glusing, Jr., Special Attorney, with whom were Francis B. Burch, Attorney General, J. Howard Holzer, Special Attorney, and Charles R. Goldsborough, Assistant Attorney General, on the brief, for State of Maryland as Amicus Curiae.

Richard K. Jacobsen, Chief Assistant Solicitor for Baltimore City, with whom were Benjamin L. Brown, City Solicitor, Ambrose T. Hartman, Deputy City Solicitor, and Harry S. Swartzwelder, Jr., Associate City Solicitor, on the brief, for appellee.

The cause was argued before ORTH, C.J., and POWERS and MOORE, JJ.

ORTH, C.J., delivered the opinion of the Court.

It has long been the policy of the General Assembly, as expressed in its legislative enactments, that an employee of the government shall not receive workmen's compensation benefits in addition to other benefits furnished by the employer accruing by reason of an accidental injury arising out of and in the course of employment. Acts 1914, ch. 800, § 34 provided:

"Whenever and so long as by State law, City...

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