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MONTGOMERY COUNTY v. McDONALD

No. 127, September Term, 1988.

317 Md. 466 (1989)

564 A.2d 797

MONTGOMERY COUNTY, MARYLAND ET AL. v. JAMES W. McDONALD, JR.

Court of Appeals of Maryland.

October 16, 1989.

Attorney(s) appearing for the Case

Alfred J. Dirska, Columbia, for petitioner.

Thomas L. Heeney (Heeney, Armstrong & Heeney, both on brief), Rockville, for respondent.

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

RODOWSKY, Judge.

This case arises under the workers' compensation statute, Md.Code (1957, 1985 Repl.Vol., 1988 Cum.Supp.), Art. 101 (the Act). We must determine whether the two year limitations period in § 26(a)(4) thereof is tolled when the employer fails to file an occupational disease report with the Workmen's Compensation Commission (Commission) as required by § 26(b).1 We hold that the employer's failure to file the required...

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