Legal Opinion

LUBY CHEVROLETM, INC. v. Gerst

Court of Special Appeals of Maryland

Decided November 7, 1996No. 126, Sept. Term, 1996PublishedCited by 6 opinions

1Opinion of the Court

EYLER, Judge.

The question of first impression presented by this case is whether, under Maryland’s Worker’s Compensation Act, a new disease that develops subsequent to an occupational disease award may form the basis for reopening and modifying that award under § 9-736(b), Md.Code Ann., Labor & Employment Art. (1991 Repl-Vol., 1996 Supp.). We hold that when the claimant has established a causal link between the initial, compensable disease and the subsequent disease, the claimant may reopen and obtain a modification of the award.

Facts

In 1986, Jean Y. Gerst, appellee, began working for Luby…

2Cases cited27 opinions

  1. Victory Sparkler & Specialty Co. v. FrancksCourt of Appeals of Maryland · 1925
  2. Bethlehem-Sparrows Point Shipyard, Inc. v. ScherpenisseCourt of Appeals of Maryland · 1946
  3. Foble v. KnefelyCourt of Appeals of Maryland · 1939
  4. Belcher v. T. Rowe Price Foundation, Inc.Court of Appeals of Maryland · 1993
  5. Guardian Life Insurance Co. of America v. Insurance CommissionerCourt of Appeals of Maryland · 1982

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3Cited by6 opinions

  1. Waters v. Pleasant Manor Nursing HomeCourt of Appeals of Maryland · 2000
  2. Jung v. Southland CorporationCourt of Special Appeals of Maryland · 1997
  3. Sanchez v. Potomac Abatement, Inc.Court of Appeals of Maryland · 2010
  4. Smith v. Howard CountyCourt of Special Appeals of Maryland · 2007
  5. Frederick County Board of Commissioners v. SautterCourt of Special Appeals of Maryland · 1998

1 more not listed; retrieve them via the Exa API.

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