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SANCHEZ v. POTOMAC ABATEMENT

No. 65, September Term, 2009.

8 A.3d 737 (2010)

417 Md. 76

Edy SANCHEZ v. POTOMAC ABATEMENT, INC., et al.

Court of Appeals of Maryland.

November 19, 2010.

Attorney(s) appearing for the Case

Harvey Greenberg (Law Offices of Harvey Greenberg, Towson, MD), on brief, for petitioner.

Richard W. Scheiner ( Mary W. Wiethorn of Semmes, Bowen & Semmes, Baltimore, MD), on brief, for respondents.

Michael L. Dailey , Danielle E. Marone , Schmidt, Dailey, O'Neill, LLC, Baltimore, MD, for Amicus Curiae memorandum of Maryland Defense Counsel, Inc. in Support of Respondent's Brief.

Sean McMurrough , Property Casualty Insurers' Association of America, Des Plaines, IL, for Amici Curiae brief of Anne Arundel County, Maryland, Baltimore County, Maryland, Carroll County, Maryland, D.M. Bowman Trucking, Inc., Harford County, Maryland, Injured Workers' Insurance Fund, Montgomery County, Maryland, Prince George's County, Maryland, Property Casualty Insurers' Association of America, Schuster Concrete.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

MURPHY, J.

This case presents the issue of whether an injured employee's permanent partial disability benefits (PPD) are "capped" by the State average weekly wage (SAWW) in effect on the day when the injury occurred, or by the SAWW for the year in which the employee's PPD commence. Edy Sanchez, Petitioner, who was injured on September 22, 1998, argues that his award should be based upon the 2000 SAWW because 2000 is the year in which his right to PPD was established...

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