Montgomery County v. Deibler

Section 9-615 of the Maryland Code (1999, 2008 Repl.Vol.), Labor and Employment Article (“L.E.”) creates a two-part process for compensating temporary partial disabilities that result from work accidents or occupational diseases. 1 First, to be eligible for compensation, an employee’s “wage earning capacity” while temporarily, partially disabled must be “less” than that employee’s pre-disability wage earning capacity. L.E. § 9 — 615(a)(1). Then, if the employee is found to be eligible for compensation, the compensation owed the employee is calculated by halving the difference between the…