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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2023 September Term, 1994

_______________________________

MAYOR AND CITY COUNCIL OF BALTIMORE v. LEONARD POLOMSKI _______________________________

Murphy, Salmon, Getty, James S. (Ret'd, Specially Assigned), JJ. ________________________________ Opinion by Getty, J. ________________________________ Filed: November 2, 1995

The

issue

raised

by

this

appeal

is

whether

workers'

compensation benefits are subject to reduction under the offset provisions set forth in Md. Code Ann., Labor and Employment Art., sec. 9-503(d)(2) (1991), where a disabled worker is also entitled to receive a time-earned service retirement.

Background Leonard E. Polomski, the 63-year-old appellee, was employed as a firefighter by the Mayor and City council of Baltimore, the appellant herein, for thirty-eight years. an occupational disease, appellee Disabled by reason of for a time-earned

applied

service retirement on September 4, 1992, which became effective March 3, 1993. On or about October 1, 1992, appellee filed for

workers' compensation benefits based upon uncontested evidence that he was suffering from heart disease, hypertension, and lung impairment.1 The Workers' Compensation Commission, in its Order and Award dated July 21, 1994, concluded that appellee was permanently and totally disabled and awarded compensation at the rate of $451.00 per week. The Commission refused to consider any adjustment of

the benefits under

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Maryland Law