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MONTGOMERY COUNTY v. DEIBLER

No. 120, September Term, 2010.

31 A.3d 191 (2011)

423 Md. 54

MONTGOMERY COUNTY, Maryland v. Kenneth DEIBLER.

Court of Appeals of Maryland.

October 27, 2011.

Attorney(s) appearing for the Case

Wendy B. Karpel , Asst. Co. Atty. ( Marc P. Hansen , Acting Co. Atty., and Karen L. Federman Henry , Division Chief of Office of the County Attorney, Rockville, MD), on brief, for Appellant.

Kenneth M. Berman ( H. David Leibensperger of Berman, Sobin, Gross, Feldman & Darby, LLP, Gaithersburg, MD), on brief, for Appellee.

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

BARBERA, J.

Section 9-615 of the Maryland Code (1999, 2008 Repl.Vol.), Labor and Employment Article ("L.E.") creates a two-part process for compensating temporary partial disabilities that result from work accidents or occupational diseases.1 First, to be eligible for compensation, an employee's "wage earning capacity" while temporarily, partially disabled must be "less" than that employee's pre-disability wage earning capacity. L.E. ...

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