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Wright v. Philip Electronics North America12/6/1996
Merely pointing out that one sub-section of the Act deducts the total amount of previous payments from the present amount of a benefits award does not, ipso facto, mean that the same approach applies to the entire statute. Such an argument ignores the policy goals of the Act's benefits section.
Section 9-804's dollar deduction clause operates to ensure that claimants are not doubly compensated for injuries for which they have already been compensated. See Gray v. Subsequent Injury Fund, 71 Md. App. 656, 659, 527 A.2d 54 (1987) (noting that the Legislature wanted to ensure that employees did not receive compensation twice for the same injury).
For the aforegoing reasons, the decision of the circuit court must be reversed.
JUDGMENT REVERSED.
CASE REMANDED TO THE CIRCUIT COURT FOR DORCHESTER COUNTY WITH INSTRUCTIONS TO REMAND THE CASE TO THE WORKERS' COMPENSATION COMMISSION IN ORDER TO RECALCULATE THE AMOUNT OF COMPENSATION STILL OWED BY APPELLEES.
APPELLEES TO PAY COSTS.
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