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INJURED WORKERS' INS. v. SUBSEQUENT INJURY

Nos. 39, 40, Sept. Term, 2015.

135 A.3d 365 (2016)

447 Md. 211

INJURED WORKERS' INSURANCE FUND v. SUBSEQUENT INJURY FUND, et al. Baltimore County, Maryland v. Subsequent Injury Fund, et al.

Court of Appeals of Maryland.

April 22, 2016.

Attorney(s) appearing for the Case

Lyndsey Beidle Meninger (Injured Workers' Insurance Fund, Towson, MD), on brief, for petitioner.

Ellen Dunn Jones , Asst. Atty. Gen. ( Brian E. Frosh , Atty. Gen. of Maryland, Hunt Valley, MD), on brief, for respondents.

David A. Skomba , Franklin & Prokopik, PC, Baltimore, MD, for Amici Curiae brief of Maryland Association of Boards of Education Workers' Compensation Group Self-Insurance Fund, and the Boards of Education of Allegany County, Calvert County, Caroline County, Cecil County, Charles County, Dorchester County, Frederick County, Garrett County, Harford County, Kent County, Queen Anne's County, St. Mary's County, Somerset County, Talbot County, Washington County, Wicomico County and Worcester County, in support of Petitioners IWIF & Baltimore County.

Argued before BARBERA, C.J., BATTAGLIA, GREENE, ADKINS, McDONALD, WATTS, GLENN T. HARRELL, JR. (Retired, Specially Assigned), JJ.

The two cases before us arise out of decisions from the Workers' Compensation Commission ("the Commission"). In both cases, the Commission concluded that under Md. Code (1991, 2008 Repl. Vol., 2015 Cum. Supp.), § 9-806 of the Labor and Employment Article ("LE"),1 the amount owed to the Subsequent Injury...

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