MAZOR v. STATE, DEP'T OF CORRECTION

[No. 31, September Term, 1976.]

279 Md. 355 (1977)

369 A.2d 82

DONALD LOUIS MAZOR v. STATE OF MARYLAND, DEPARTMENT OF CORRECTION ET AL.

Court of Appeals of Maryland.

Decided February 8, 1977.


Attorney(s) appearing for the Case

Wilson K. Barnes, with whom was Franklin I. Freeman on the brief, for appellant.

Amicus curiae brief filed by Baltimore City Fire Fighters, Local 734 and Baltimore City Fire Officers, Local 964, John J. Dilli, Jr., on the brief.

Amicus curiae brief filed by Public Employees Council 67, AFSCME et al., William H. Engelman, Paul D. Bekman and Kaplan, Heyman, Greenberg, Engelman & Belgrad on the brief.

Charles R. Goldsborough, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and J. Howard Holzer, Assistant Attorney General, on the brief, for State of Maryland, Department of Correction and State Accident Fund, two of appellees. J. Kent Leonnig, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and H. George Meredith, Jr., Assistant Attorney General, on the brief, for Subsequent Injury Fund, other appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ.


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

This appeal presents significant challenges to the constitutionality of Maryland Code (1957, 1964 Repl. Vol., 1972 Cum. Supp.), Art. 101, § 33, which reduces the workmen's compensation award of a public employee if he also receives benefits under his employer's pension plan. The Court of Special Appeals, in Mazor v. Dep't of Correction, 30 Md.App...

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