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Institute of Mission Helpers v. Beasley3/5/1990
Dissatisfied with a decision of the Workers' Compensation Commission, the claimant, Eva N. Beasley, filed an appeal to the Circuit Court for Baltimore City. The employer moved to dismiss the appeal on the ground that it was untimely. The court rejected that defense and, in disposition of the appeal, remanded the case to the Commission. Aggrieved by both the holding that the appeal was timely and the remand to the Commission, the employer has appealed.
The underlying facts are essentially undisputed. The claimant sustained an accidental injury on October 7, 1980, while in the course of her employment with appellant. She claimed to have injured her head, neck, back, and shoulder. Benefits for temporary total disability were paid for the period October 11, 1980-February 15, 1981. By order dated July 24, 1981, the Commission found that she had a permanent partial disability amounting to 5% industrial loss of use of the body by reason of an injury to her neck and a permanent partial disability amounting to 15% industrial loss of use of the body by reason of an injury to her low back. Of that latter disability, 5% was attributed to the accident and 10% to a preexisting condition.
On September 2, 1983, following a hearing on the claimant's petition to reopen the case, the Commission found that Ms. Beasley had suffered another period of temporary total disability from April 21 to May 22, 1983 and that her permanent partial disability had increased to 7 1/2% with respect to the neck and to 17 1/2% with respect to the back. As before, 10% of the body loss arising from the back injury was attributed to a preexisting condition.
On October 27, 1987, the claimant filed another petition to reopen the case, alleging that, since the last award, her injuries "have become worse requiring her to seek additional medical treatment and she is now temporarily totally disabled. In addition, her permanent partial disability has increased." On September 7, 1988, the Commission certified three specific issues to be considered: temporary total disability from October 1 to 15, 1987; nature and extent of permanent partial disability to the neck and back; and certain medical expenses allegedly incurred by the claimant. A hearing on those issues was held on October 27, 1988. Three days later, the Commission, through Commissioner L. Douglas Jefferson, issued the following order:
"Hearing was held in the above claim at Baltimore, Maryland on October 27, 1988, on the claimant's Petition to Reopen for worsening of condition; and it is this 31st day of October, 1988, by the Workers' Compensation Commission ORDERED that the Petition to Reopen is hereby denied."
On November 2, 1988, claimant's counsel wrote to Commissioner Jefferson complaining about the lack of any findings. He noted that at the hearing the Commissioner indicated that he was "in all probability going to make a finding that any worsening of the claimant's condition was not causally related to her accidental injury of October 7, 1980," but that the order "simply denies the claimant's petition to re-open." The letter concluded: "If in fact your finding is that the worsening of the claimant's condition is not causally related to her October 7, 1980 accidental injury, it is requested that you amend your decision to reflect this."
On November 18, Commissioner Jefferson acknowledged claimant's request and the employer's opposition to it and informed the parties that " he Commission has decided to set the matter for hearing," notice of which "will be forthcoming."
On March 31, 1989, a hearing was held before Commissioner Jefferson. The claimant's attorney again pointed out that the order contai
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