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MONA ELECTRIC v. SHELTON

No. 131, Sept. Term, 2002.

833 A.2d 527 (2003)

377 Md. 320

MONA ELECTRIC COMPANY, et al., v. Wade O. SHELTON.

Court of Appeals of Maryland.

October 9, 2003.

Attorney(s) appearing for the Case

Janis R. Harvey (Rudoph L. Rose, Anthony D'Allesandro and Jacqueline Ridgell of Semmes, Bowen & Semmes, P.C., on brief), Baltimore, for petitioners.

Robert Earl Wilson (Wilson & Parlett, on brief), of Upper Marlboro, for respondent.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

WILNER, Judge.

The principal issue before us in this workers' compensation case is the construction and applicability of Maryland Code, § 9-736(b)(3) of the Labor and Employment Article (LE), which precludes the Workers' Compensation Commission from "modify[ing] an award unless the modification is applied for within 5 years after the last compensation payment." Petitioner, Mona Electric Company, paid its employee, Wade Shelton, benefits for temporary total disability...

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