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W.R. GRACE v. SWEDO

Nos. 82, 91 and 92, September Term, 2013.

96 A.3d 210 (2014)

439 Md. 441

W.R. GRACE & CO., et al. v. Andrew P. SWEDO, Jr. Florida Rock Industries, Inc., et al. v. Jeffrey P. Owens. Robert W. Coffee v. Rent-A-Center, Inc., et al.

Court of Appeals of Maryland.

July 22, 2014.

Attorney(s) appearing for the Case

Julie D. Murray ( Anthony J. Zaccagnini of Semmes, Bowen & Semmes, Baltimore, MD), on brief, for petitioners in No. 82, Sept. Term, 2013.

Matt M. Paavola ( Brendan E. Pedersen of Workers' Comp. Law Firm, LLC, Baltimore, MD), on brief, for respondent in No. 82, Sept. Term, 2013.

Robert J. Zarbin (Zarbin Law Firm, LLC, Upper Marlboro, MD), on brief, for amicus curiae brief of Maryland Association for Justice in Nos. 82 and 92, Sept. Term, 2013.

Michael L. Dailey, Esq. , Schmidt, Dailey & O'Neill, L.L.C., Baltimore, MD, for amicus curiae brief of Maryland Defense Counsel in No. 82, Sept. Term, 2013.

W. John Vernon ( Lauren M. Gibbons , Godwin, Erlandson, Vernon & Daney, LLC, Ellicott City, MD), on brief, for petitioners in No. 91, Sept. Term, 2013.

Benjamin T. Boscolo ( Kevin H. Stillman , ChasenBoscolo Injury Lawyers, Greenbelt, MD), on brief, for respondent in No. 91, Sept. Term, 2013.

James K. MacAlister (Saiontz & Kirk, P.A., Baltimore, MD), on brief, for appellant in No. 92, Sept. Term, 2013.

Zachary L. Erwin ( David A. Skomba , Franklin & Prokopik, Baltimore, MD), on brief, for appellees in No. 92, Sept. Term, 2013

Argued before BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD, and DALE R. CATHELL (Retired, Specially Assigned), JJ.

ADKINS, J.

In each of these three cases we are tasked with determining the appropriate method for crediting payments made under a workers' compensation award when that award is increased on appeal. The question is whether the credits are computed on the basis of the number of weeks paid or the amount of money expended. The answer can make a substantial difference in the bottom line paid and received. In resolving the issue in favor of the claimants in each of these...

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