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Ball v. University of Maryland3/6/2001
REPORTED
We are here asked to determine the intent of the Legislature with respect to a provision in the Workers' Compensation Law that requires an annual cost of living adjustment of benefits paid to persons with permanent total disability. We hold that cost of living adjustments mandated by Section 9-638 of the Labor and Employment Article, Maryland Code (1991, 1999 Repl. Vol.), must be applied to cases of permanent total disability resulting from the combined effects of a subsequent injury and a pre-existing impairment as well as those resulting solely from one injury.
Appellant, Linda K. Ball, is permanently totally disabled as a result of both a work-related injury and a pre-existing condition. The Workers' Compensation Commission (the Commission) determined that appellant's disability status entitled her to a cost of living adjustment pursuant to Section 9-638. Appellees, the University of Maryland, College Park, et al. (the University), petitioned the Circuit Court of Prince George's County for review of that decision. The circuit court reversed the Commission, concluding that Section 9-638 does not allow cost of living adjustments to persons whose pre-existing impairment contributed to their permanent total disability.
On August 28, 1996, the Commission determined that Linda K. Ball (Ball) was permanently totally disabled, 75% due to a compensable accidental injury to her back, and 25% due to a pre-existing condition. At a hearing held on May 24, 1999, Ball requested that the Commission award her a cost of living adjustment (COLA), in accordance with Section 9-638. The Commission granted Ball's request in a June 16, 1999 order. The University appealed the Commission's order to the Prince George's County Circuit Court. The University claimed that a COLA may only be awarded to a permanently totally disabled person when the permanent total disability is solely the result of an accidental injury. A COLA may not be awarded, the University argued, when the permanent total disability is the result of an accidental injury and a pre-existing condition. The circuit court agreed and reversed the Commission's decision.
The University's argument to the circuit court, and to this Court on appeal, is one of legislative interpretation. Our disagreement with the University's argument and the circuit court's judgment is based upon the application of the canons of statutory construction that instruct us, inter alia, to construe statutes and their respective sections relating to the same subject matter together.
Statutes which relate to the same thing or general subject matter, and which are not inconsistent with each other are in pari materia, and should be construed together so that they will harmonize with each other and be consistent with their general object and scope, even though they were passed at different times and contain no reference to each other. Consistent with this established rule of statutory construction, we think all Sections of the Workmen's Compensation Law (Article 101) must be read and considered together in arriving at the true intent of the Legislature, as they form part of a general system. Uninsured Employers' Fund v. Pennel, 133 Md. App. 279, 293, 754 A.2d 1120 (2000) (quoting Subsequent Injury Fund v. Chapman, 11 Md. App. 369, 375, 274 A.2d 870, aff'd, 262 Md. 367, 277 A.2d 444 (1971)) (emphasis added). The statute in question, Title 9 of the Labor and Employment article of the Maryland Code, is divided into subtitles. There are twelve subtitles in Title 9, listed below:
Subtitle 1. Definitions; General Provisions.
Subtitle 2. Covered Employees and Employers.
Subtitle 3. State Workers' Comp
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