Montgomery Cnty. v. Maloney

Montgomery County v. Maloney, No. 632, September Term 2018 Opinion by Kehoe, J. WORKERS’ COMPENSATION – REVIEW BY COURT – TRIAL DE NOVO When a party seeks judicial review of an unfavorable decision by the Workers’ Compensation Commission, his opponent is not inescapably bound by the appealing party’s procedural preference. The language of Md. Code, Lab. & Empl. § 9-745(d), makes plain that “any party” can request, “in accordance with the practice in civil cases,” a de novo review of “any question of fact involved in the case.” Review by “essentially” de novo trial is available only for issues…