Board of Trustees v. Mitchell

KRAUSER, Judge.

The principal issue before us is whether cancer, resulting from occupational hazards, can constitute an “injury” under Article 22, §§ 29-45 of the Baltimore City Code, 1976 Edition (“Retirement Act”). Our resolution of that issue is the first step in determining whether appellee, Deborah Mitchell, personal representative of the Estate of James C. Mitchell, Jr., 1 is entitled to receive special disability pension benefits under the Retirement Act. The second and final step—the determination of whether appellee’s claim is barred by the statute of limitations—must await further…