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Chesapeake Haven Land Corporation v. Litzenberg11/30/2001
ecovery.
Permanent partial disability based upon the injured worker's Chesapeake Haven employment has yet to be decided in this case. The Commission, however, reduced the total recovery by 60% to reflect the $213,000 jury verdict. Thus, the remaining 40% ($159,419.93) was available for distribution. The attorney fees and costs, less 60%, were $57,834.79; the lien for benefits paid by the insurer was $41,298.92; the total expenses amount to $99,134.71.
$159,419.93
- $99,134.71
$60,275.22
Thus, $60,275.22 was the distribution available to the claimant and that figure, not $213,000, represents the insurer's credit against future compensation benefits.
A reviewing court "'must review the agency's decision in the light most favorable to it; . . . the agency's decision is prima facie correct and presumed valid, and . . . it is the agency's province to resolve conflicting evidence' and to draw inferences from that evidence." Board of Physician Quality Assurance v. Banks, 354 Md. 59, 68 (1999) (quoting CBS v. Comptroller, 319 Md. 687 (1990) (quoting Ramsay, Scarlett & Co. v. Comptroller, 302 Md. 825 (1985))).
We conclude that the Commission correctly resolved the credit issue and the circuit court properly affirmed that decision.
JUDGMENT AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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