Mayor of Baltimore v. Polomski

JAMES S. GETTY, Judge,

Specially Assigned.

The issue raised by this appeal is whether workers’ compensation benefits are subject to reduction under the offset provisions set forth in Md.Code Ann., Labor and Employment Art., sec. 9—503(d)(2) (1991), where a disabled worker is also entitled to receive a time-earned service retirement.

Background

Leonard E. Polomski, the 63-year-old appellee, was employed as a firefighter by the Mayor and City council of Baltimore, the appellant herein, for thirty-eight years. Disabled by reason of an occupational disease, appellee applied for a time-earned service…