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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1798 September Term, 1995 (MOTION TO RECONSIDER)

Patricia Wright v. Philip Electronics North America, et al.

Murphy, C.J., Fischer, Davis,

JJ.

Opinion by Fischer, J.

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Filed:

December 6, 1996

Patricia Wright (Wright) appeals from an order by the Circuit Court for Dorchester County that affirmed the findings of the Maryland Workers' Compensation Commission (the Commission)

concerning Wright's claim for workers' compensation under the Maryland Workers' Compensation Act (the Act). Originally, the

Commission found that Wright had sustained a permanent partial disability of 50% and was entitled to benefits of $178 per week for 333 weeks beginning September 18, 1991, the date Wright injured her leg while at work. Philip Electronics North America, Wright's

employer, and Travelers Indemnity Company of Illinois, Philip's insurance carrier, filed an appeal in the circuit court, where a jury found that Wright had sustained a permanent partial disability of only 40%. The circuit court remanded the case to the Commission

to recompute Wright's compensation benefits. On remand, the Commission determined that Wright was entitled to $144 in permanent partial disability benefits for 200 weeks, subject to a credit for the amount of compensation already paid by appellees. Wright appealed to the circuit court, where both sides On September 22, 1995, the

presented motions for summary judgment.

circuit court granted appellees' motion for summary judgment and affirmed the Commission's ruling on the credit issue. Following

the circuit court's decision, Wright filed this timely appeal. On appeal, Wright presents the following question for our review, which has been condensed and reworded as follows: Did the circuit court err when it found that appellees were entitled to a credit

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for the disability credit for disability

total amount of previous benefits paid instead of a the total number of weeks of benefits paid?1

FACTS
On February 7, 1990, Wright, while employed by Philip, injured her left knee loading a truck at work. required surgery. During the The injured knee eventually of Wright's she failed a

course

rehabilitation

efforts

preceding

surgery,

developed

psychological condition.2 On November 19, 1992, the Commission conducted a hearing to determine the amount of compensation due Wright. On November 30,

1992, the Commission, in a written decision, found that Wright had been temporarily totally disabled, for which she had collected twenty-nine payments of $172 ($4,988) from appellees, and that Wright had sustained a permanent partial disability of 50% under Md. Code, Lab. & Empl. art.

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