Legal Opinion · Dissent

Vest v. Giant Food Stores, Inc.

Court of Special Appeals of Maryland

Decided April 30, 1992No. 875Published

1DissentAlpert, Judge

As the majority points out, “modifying compensation awards presents an administrative dilemma.” Because I disagree with the majority’s interpretation of Maryland’s legislative provision enabling the modification of awards, I must respectfully dissent.

Section 40(c) contains two segments, the first providing the Commission continuing jurisdiction to modify former findings or orders, and the second imposing a five year limit to requests that the Commission modify its award of compensation.

Continuing jurisdiction reserves the Commission’s power over an award, such that the award “does not achieve *588…

2Cases cited13 opinions

  1. Pratt v. Central Upholstery Co.Supreme Court of North Carolina · 1960
  2. Bethlehem-Fairfield Shipyard, Inc. v. RosenthalCourt of Appeals of Maryland · 1945
  3. Brooks v. DuncanIdaho Supreme Court · 1975
  4. Horton v. Garrett Freightlines, Inc.Idaho Supreme Court · 1984
  5. Porter v. Bethlehem-Fairfield Shipyard, Inc.Court of Appeals of Maryland · 1947

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