Wormwood v. Batching Systems, Inc.

EYLER, Judge.

This case raises the issue of whether the Circuit Court for Calvert County erred in dismissing a petition seeking judicial review of a decision by the Workers’ Compensation Commission on the ground that the record was not timely transmitted to the circuit court. For reasons stated below, we find error and reverse the judgment of the circuit court. In doing so, we hold that a failure to transmit timely a record, in literal violation of Rule 7-206(d), does not mandate dismissal of a petition for judicial review. Because there was substantial compliance with the Rule, and no showing…