McKENZIE v. C.C. KOTTCAMP & SONS

No. 26, September Term, 1987.

311 Md. 54 (1987)

532 A.2d 703

ROBERT D. McKENZIE v. C.C. KOTTCAMP & SONS, INC. ET AL.

Court of Appeals of Maryland.

Motion for Reconsideration Denied December 4, 1987.


Attorney(s) appearing for the Case

Ronald C. Brubaker, Cumberland, for appellant.

William Walsh (Walsh, Walsh & Reinhart, on the brief), Cumberland, for C.C. Kottcamp & Sons, Inc. and Standard Fire Ins. Co., part of appellees.

Irving B. Klitzner, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. and Andrew H. Baida, Asst. Atty. Gen., on the brief), Baltimore, for Subsequent Injury Fund other part of appellee.

Argued before MURPHY, C.J., and COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.


RODOWSKY, Judge.

The issue in this permanent, total disability, subsequent injury, workers' compensation case is the rate at which the compensation apportioned to the employer is paid. Although the total amount of compensation payable by the employer is apportioned as if the injury were a permanent partial one, we shall hold for the reasons given below that periodic payments of the amount so apportioned are to be paid at the rate at which permanent total disability...

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