Stapleford Hall Joint Venture v. Hyatt

KARWACKI, Judge.

This appeal provides us with the opportunity to apply Maryland Code (1957, 1985 Repl.Vol. and 1990 Cum.Supp.), Art. 101, § 36(3)(a)(iii) 1 to the case of a claimant who, upon reopening his claim under § 40(b) of the Workers’ Compensation article, was awarded additional compensation as a result of a worsening of his condition. With that additional award, the claimant qualified for additional compensation under the “serious disability” provision of § 36(3)(a)(iii). At issue is whether the Commission properly applied the subsection’s credit proviso in a case where the initially…