 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Johnson v. Mayor and City Council of Baltimore City5/12/2005
Bell, C.J Raker Wilner Cathell Harrell Battaglia Greene, JJ.
Battaglia, J., Dissents
The Legislature is often faced with balancing opposing interests and making difficult choices. This case discusses some of the lines drawn by the Legislature distinguishing workers' compensation benefits for firefighters as different than for their dependents. We are asked to decide the availability of dual benefits for dependents of firefighters who die from particular occupational diseases. That issue has been addressed and decided by the Legislature.
Both Ernest Johnson (Mr. Johnson) and Daniel Luster (Mr. Luster) were Baltimore City Firefighters who died of cancers that were caused by their repeated contact with toxic substances in the line of duty. The cancer prevented both men from performing their duties as firefighters. Both Mr. Johnson and Mr. Luster are survived by their wives and both women receive benefits from their husbands service pension plans.
The issue before this Court is whether the widows may collect the service pension benefits in addition to the full workers' compensation death benefits, or whether the workers' compensation death benefits must be reduced by the amount of service pension benefits the widows are currently receiving.
We hold that the statute does not permit the dependents to collect full workers' compensation death benefits in addition to service pension benefits.
FACTS
The facts in both of these cases are undisputed. Consequently, our recitation of the facts is succinct. Mr. Johnson worked for thirty-two years as a Baltimore City firefighter. As a result of his repeated contact with toxic substances encountered in the line of duty, he contracted colon cancer and became unable to perform his duties as a firefighter. Mr. Johnson's average weekly wage as a firefighter was $989.75. On March 11, 1994, Mr. Johnson died from colon cancer. Mrs. Johnson was wholly dependent on her husband at the time of his death. She currently receives $603.90 per week in benefits from Mr. Johnson's service pension plan.
Mr. Luster was also a Baltimore City firefighter who contracted cancer as a result of his repeated contacts with toxic substances encountered in the line of duty. Because of the cancer, Mr. Luster was unable to perform his duties as a firefighter and ultimately died from pancreatic cancer on August 8, 2000. Mr. Luster's average weekly wage as a firefighter was $821.52. Mrs. Luster was wholly dependent on her husband at the time of his death. She currently receives $294.83 per week in benefits from Mr. Luster's service pension plan.
Both Mrs. Johnson and Mrs. Luster filed workers' compensation claims for death benefits, which were heard by the Workers' Compensation Commission, the Circuit Court for Baltimore City, and the Court of Special Appeals. The Commission and the Circuit Court agreed in both cases that the widows were eligible for benefits and that they were permitted to receive a combination of workers' compensation and retirement benefits. In both cases, the Circuit Court granted motions for summary judgment filed by the claimants and denied motions for summary judgment filed by the City. As a result of these rulings, the City appealed in both cases to the Court of Special Appeals.
In a reported opinion, the Court of Special Appeals held that Mrs. Johnson was eligible for benefits, but that her workers' compensation death benefits must be reduced by the amount of service pension benefits that she received. Mayor & City Council of Baltimore City v. Johnson, 156 Md. App. 569, 596 (2004). Mrs. Johnson filed a Petition for Certiorari, which we granted. Johnso
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|