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Philip Electronic v. Wrigh
State: Maryland
Court: Court of Appeals
Docket No: 12/97
Case Date: 12/12/1997
Preview:IN THE COURT OF APPEALS OF MARYLAND No. 12 September Term, 1997

PHILIP ELECTRONICS NORTH AMERICA, et al. v. PATRICIA WRIGHT

Bell, C.J. Eldridge Rodowsky Chasanow Raker Wilner Karwacki (retired, specially assigned) JJ.

Opinion by Raker, J.

Filed: December 12, 1997

We are called upon in this case to interpret the Workers' Compensation Act, Maryland Code (1991 Repl.Vol., 1997 Supp.), Title 9 of the Labor and Employment Article (hereinafter "Act").1 We must determine whether, after an award to a claimant is reduced pursuant to a petition for judicial review, the employer is entitled to a credit for the total amount of money paid to the claimant before the reduction of the original award, or whether the appropriate credit is the number of weeks the employer paid benefits prior to the reduction. We shall hold that a credit based upon the number of weeks the employer has paid benefits is proper.

I. This case arose out of a knee injury suffered by claimant Patricia Wright ("Wright") on February 7, 1990 during the course of her employment. Subsequently, while attempting to rehabilitate her injured left knee, Wright developed an adverse psychological condition related to her physical injury. Pursuant to those injuries, Wright filed a claim for compensation with the Maryland Workers' Compensation Commission ("Commission") against her employer, Philip Electronics North America, and its insurer, Travelers Indemnity Company of Illinois (collectively "Philip Electronics"). On November 19, 1992, the Commission conducted a hearing to determine the amount of compensation due Wright under the Act. By written order, on November 30, Unless otherwise indicated, all statutory references hereinafter are to Maryland Code (1991 Repl.Vol., 1997 Supp.), Labor and Employment Article.
1

2 1992, the Commission found that Wright had suffered a permanent partial disability loss of 50% of the use of her body as a whole, under "other cases," due to the injury to her knee and the resulting psychological condition.2 See
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