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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No. 1283 September Term, 2002

CHARLES N. JONES v. POTOMAC EDISON COMPANY

Krauser, Sharer, Bloom, Theodore G., (Retired, specially assigned) JJ.

Opinion by Bloom, J.

Filed: November 6, 2003

This appeal is from a judgment of the Circuit Court for Washington County that affirmed a decision of the Workers'

Compensation Commission (the Commission) denying appellant, Charles N. Jones, temporary total disability benefits. On 29 May 1979 and on 3 April 1984, appellant sustained compensable accidental injuries while in the employ of Potomac Edison Company, appellee. As a result of those injuries, he

received a sixty-percent permanent partial disability award by the Commission on 27 July 1989. made on 28 June 1995. On 6 October 1997, appellant underwent surgery to repair a torn rotator cuff in his right shoulder. Appellee authorized and The last payment under that award was

paid the medical expenses associated with appellant's rotator cuff surgery. As a result of the surgery, appellant was absent from his employment from the 6th to the 31st of October 1997. appellant sick leave for that time period, but Appellee paid no workers'

compensation benefits were paid in connection with that operation. On 21 October 2001, appellant filed issues with the

Commission, seeking temporary total disability for the October 1997 absence from work. The Commission denied those benefits as being

time barred by

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Maryland Law