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Wright v. Philip Electronics North America12/6/1996
(MOTION TO RECONSIDER)
Opinion by Fischer, J.
Patricia Wright (Wright) appeals from an order by the Circuit Court for Dorchester County that affirmed the findings of the Maryland Workers' Compensation Commission (the Commission) concerning Wright's claim for workers' compensation under the Maryland Workers' Compensation Act (the Act). Originally, the Commission found that Wright had sustained a permanent partial disability of 50% and was entitled to benefits of $178 per week for 333 weeks beginning September 18, 1991, the date Wright injured her leg while at work. Philip Electronics North America, Wright's employer, and Travelers Indemnity Company of Illinois , Philip's insurance carrier, filed an appeal in the circuit court, where a jury found that Wright had sustained a permanent partial disability of only 40%. The circuit court remanded the case to the Commission to recompute Wright's compensation benefits.
On remand, the Commission determined that Wright was entitled to $144 in permanent partial disability benefits for 200 weeks, subject to a credit for the amount of compensation already paid by appellees. Wright appealed to the circuit court, where both sides presented motions for summary judgment. On September 22, 1995, the circuit court granted appellees' motion for summary judgment and affirmed the Commission's ruling on the credit issue. Following the circuit court's decision, Wright filed this timely appeal.
On appeal, Wright presents the following question for our review, which has been condensed and reworded as follows:
Did the circuit court err when it found that appellees were entitled to a credit for the total amount of previous disability benefits paid instead of a credit for the total number of weeks of disability benefits paid?
FACTS
On February 7, 1990, Wright, while employed by Philip, injured her left knee loading a truck at work. The injured knee eventually required surgery. During the course of Wright's failed rehabilitation efforts preceding surgery, she developed a psychological condition.
On November 19, 1992, the Commission conducted a hearing to determine the amount of compensation due Wright. On November 30, 1992, the Commission, in a written decision, found that Wright had been temporarily totally disabled, for which she had collected twenty-nine payments of $172 ($4,988) from appellees, and that Wright had sustained a permanent partial disability of 50% under Md. Code, Lab. & Empl. art. ยง 9-627(k) for her injured knee and psychological condition. The Commission, pursuant to sections 9-627 (k) and 9-630, calculated Wright's benefits as $178 per week for 333 weeks.
Appellees appealed to the circuit court. On November 23, 1993, a jury found that Wright had sustained a 40% permanent partial disability. On remand to the Commission to recalculate Wright's benefits, the Commission found that Wright was entitled to $144 per week for 200 weeks. Additionally, the Commission gave appellees credit for the total amount of benefits they had paid to Wright previously and applied that amount against the new compensation order. Wright appealed the Commission's credit finding to the circuit court, which affirmed the Commission.
Subsequent to the filing of our opinion in this case, Wright v. Philip Electronics, 1996 Md. App. LEXIS 123 (filed September 25, 1996), withdrawn; substituted opinion on rehearing, 112 Md. App. 642, 685 A.2d 1216 (1996), Wright moved this Court to reconsider its opinion. The primary contention of the motion was that, as written, the opinion failed to make clear that appellees were entitled to a dollar credit for the 29 week
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