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C & P TELEPHONE CO. v. SUBSEQUENT INJ. FD.

No. 620, September Term, 1982.

53 Md. App. 508 (1983)

453 A.2d 1243

C & P TELEPHONE COMPANY OF MARYLAND v. SUBSEQUENT INJURY FUND.

Court of Special Appeals of Maryland.

Decided January 10, 1983.

Attorney(s) appearing for the Case

Philip T. McCusker for appellant.

John J. Szymanski, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

Amicus curiae brief of Wiremold Company and Aetna Insurance Company filed. Alfred M. Porth, Theodore B. Cornblatt, S. Woods Bennett, Jeffrey C. Herwig and Smith, Somerville & Case on the brief.

The cause was argued before MORTON, ADKINS and ALPERT, JJ.

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

On December 16, 1977, John H. Fersinger, Jr., collapsed and died while carrying out duties for his employer, appellant, C & P Telephone Co. of Md. He was survived by a wholly-dependent widow and minor children.

The Workmen's Compensation Commission found that his death was due in part to a prior impairment and in part to the accidental injury that had occurred on December 16, 1977. It apportioned the cause...

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