LUCKY STORES, INC. v. STREET

No. 1464, September Term, 1984.

63 Md. App. 664 (1985)

493 A.2d 431

LUCKY STORES, INC., ET AL. v. CHARLES W. STREET, III.

Court of Special Appeals of Maryland.

June 12, 1985.


Attorney(s) appearing for the Case

Thomas J. Davis, Rockville (Karceski & Wochok, Rockville, on brief), for appellants, Lucky Stores, Inc., and Travelers Ins. Co.

Sherrie L. Krauser, Associate County Atty., Upper Marlboro (Thomas P. Smith, County Atty. and Michael O. Connaughton, Deputy County Atty., Upper Marlboro, on brief), for appellee, Prince George's County.

John J. Temple, Upper Marlboro, for appellee.

Argued before WEANT, ALPERT and ROBERT M. BELL, JJ.


ALPERT, Judge.

In this appeal we must decide whether under the Worker's Compensation Law a disability resulting from both an occupational disease and an accidental injury may be combined so as to constitute "a serious disability" under art. 101 § 36(4a). Put another way, can the combination of a heart attack and pre-existing atherosclerosis be legally the result of "one accident"? We think not.

Appellee, Charles W. Street, III, suffered a heart...

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