ABC Day Care Center, Inc. v. Browne

Menchine, J., delivered the opinion of the Court. Edwin W. Browne, an employee of ABC Day Care Center, Inc., sustained an accidental injury arising out of and in the course of his employment on June 22, 1970. Death resulted therefrom on the same day. Two minor children, Gregory E. Browne and Mildred Browne, who at the time of his injury and death were nine and seven years of age respectively, survived him.

The mother of the two minor children (former wife of the decedent) filed a claim in their behalf with the Workmen’s Compensation Commission. The Commission passed its order, finding that the children were totally dependent upon the decedent for support, and awarded the benefits provided by law to persons in such status. On appeal to the Circuit Court for Montgomery County by the employer and insurer, the issue of the extent of dependency was submitted to the court, without a jury, on the record evidence before the Workmen’s Compensation Commission; a part of a deposition of Hattie R. L. Browne (the mother and former wife) and an answer to certain interrogatories filed in the cause. The trial judge affirmed the decision of the Workmen’s Compensation Commission that the minor children were totally dependent upon their deceased father for support, but stated in his memorandum that he did so because “the Court accepts and adopts the argument in the claimant’s memorandum in support of the Workmen’s Compensation Commission Award.” That memorandum ⁴⁷² asserted, and the appellees-claimants have continued to contend here, that the function of the court .below was to determine whether the evidence before the Commission was legally sufficient to support the finding of the Commission.

Both below and in this Court the appellees-claimants relied upon Zentz v. Peters & Taylor, Inc., 11 Md. App. 1 , as supporting their position. It is plain to us that Zentz is not susceptible to that interpretation. Many cases have dealt with the nature of the trial court’s role in the consideration of appeals from the Workmen’s Compensation Commission. An accurate and succinct summation of those cases is found in § 4-25 (2), Workmen’s Compensation in Maryland [Pressman], wherein it is said: “(2) BURDEN OF PERSUASION ONLY.

Even though the decision of the Commission is presumed to be correct and the burden is upon the party attacking the decision, it is not necessarily a burden of additional proof. It means that if the mind of the trier of facts or the minds of the jury are in equal balance on the evidence, the finding of the Commission should be affirmed. If the appellant can convince the trier of facts (even if tried on the Record) that the Commission erred in interpreting the facts, he has met the burden of proof. Moore v. Clarke, 171 Md. 39 (1936); Williams Constr.

Co. v. Bohlen, 189 Md. 576 (1948); Brooks v. Bethlehem Steel Co., 199 Md. 29 (1952); Paul Constr. Co. v. Powell, 200 Md. 168 (1952); Greenwalt v. Brauns Bldg. Specialties Corp., 203 Md. 313 (1953); Smith v. State Roads Comm’n, 240 Md. 525 (1965); Blake Constr. Co. v. Wells, 245 Md. 282 (1967); Abell v. Goetze, Inc., 245 Md. 433 (1967); Ackerhalt v. Hanline Bros., Inc., 253 Md. 13 (1969); Sica v. ⁴⁷³ Retail Credit Co., 245 Md. 606 (1967); Simmons v. B & E Landscaping Co., 256 Md. 13 (1969).” The eases cited by Pressman, supra, fully and completely support the text.

Appellees’ brief has accurately quoted this Court’s language on page 8 of Zentz, supra: “We think there was evidence legally sufficient to support that determination. The ultimate decision is confided to the Commission and ‘* * * its determination is final and is not to be reversed by the courts if there was before it evidence legally sufficient to support that determination, even though a contrary finding reasonably could have been made and even if the reviewing court, had the choice been its to make, would have made it.’ Martin Marietta Corporation et al, v. Leius, 237 Md. 217, 220 .” This statement, however, is lifted out of context. By incorporating within it the quotation from Martin Marietta, the citation aptly stated the rule controlling the course to be followed by an appellate body charged with the duty and obligation of examining the legal sufficiency of the evidence, (that was the role of the trial court in Martin Marietta, 1 and that was the role of this ⁴⁷⁴ Court in Zentz.) Zentz was not intended to declare and must not be interpreted as declaring, that the same rule controls an appellate body, charged with the duty and obligation of considering the weight and effect of the evidence. The latter status properly was the role of the court below.

In accidental injury cases, Article 101, Section 56 expressly charges the trial court (or jury) hearing an appeal from the Workmen’s Compensation