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Baltimore County v. Fleming12/30/1996
ing on chapter 456, Acts of 1920). While the genesis of the principle that a claimant's rights are governed by the statute in effect at the time of injury is the Act itself, the principle has generally found favor in case law, independent of the Act. In 1949, the Court of Appeals cited Jacobs for this proposition without discussing the fact that Jacobs involved application of a statute, chapter 456 of the Acts of 1920, which expressly provided that "nothing in this act shall affect any rights arising from injuries or disabilities received prior to June 1, 1920." Furley v. Warren-Ehret Co., 195 Md. 339, 347-48, 73 A.2d 497 (1949). Given that the amendment at issue in Furley, chapter 462 of the Acts of 1945, did not contain similarly limiting language, Furley resulted in an extension of the holding in Jacobs . Since that time, the Court of Appeals apparently has adhered to the Furley holding. See, e.g., Mutual Chemical Co. of America v. Pinckney, 205 Md. 107, 112, 106 A.2d 488 (1954) (citing Furley); Bowen v. Smith, 342 Md. 449, 453 n.2, 677 A.2d 81 (citing Pinckney and Fikar v. Montgomery County, 333 Md. 430, 432 n.1, 635 A.2d 977 (1994)); Fikar, 333 Md. at 432 n.1 (no citation). Cf. Shifflett v. Powhattan Mining Co., 293 Md. 198, 200, 442 A.2d 980 (1982) (citing 2 A. Larson, Workmen's Compensation Law § 60.50 (1981 rev. ed.). Despite this line of cases, it is important for practitioners and courts to be cognizant of the statutory genesis of the concept that the law in effect at the time of injury applies. Departure from the statute has the potential to raise certain red herrings such as the issue of vested rights.
Applying former § 33(c), Md. Ann. Code (1957, 1985 Repl. Vol.), the law in effect in 1984, we hold that Baltimore County is not entitled to an offset and affirm the judgment of the circuit court.
JUDGMENT AFFIRMED; APPELLANT TO PAY COSTS.
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