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YOX v. TRU-ROL

No. 31, Sept. Term, 2003.

844 A.2d 1151 (2004)

380 Md. 326

Arnold C. YOX v. TRU-ROL COMPANY, INC., et al.

Court of Appeals of Maryland.

March 15, 2004.

Attorney(s) appearing for the Case

Thomas J. Drechsler (Thomas A. Imperiale of Carson, Jones-Bateman & Drechsler, P.A., on brief), Towson, for petitioner.

Robert Julian Zarbin, James MacAlister, Baltimore, brief of Maryland Trial Lawyers Assoc., for petitioner, amicus curiae.

William S. Tostanoski (Tostanoski & Martin, P.A., on brief), Baltimore, for respondents.

Edward J. Gilliss, County Attorney for Baltimore County, Towson, Thurman W. Zollicoffer, Jr., City Solicitor for Baltimore City, Baltimore, Charles W. Thompson, Jr., County Attorney for Montgomery County, Rockville, David S. Whitacre, County Attorney for Prince George's County, Upper Marlboro, brief of Baltimore City, Baltimore County, Montgomery County, and Prince George's County, for respondents, amici curiae.

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

WILNER, Judge.

Maryland Code, § 9-711 of the Labor and Employment Article (LE) requires that a claim for workers' compensation benefits based on "disablement" resulting from an occupational disease be filed within two years after the date (1) of disablement, or (2) when the employee had actual knowledge that the disablement was caused by the employment. The issue before us is what is meant by "disablement" when the...

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