Andrews v. Decker

Marbury, J., delivered the opinion of the Court. This appeal has been taken from an order of the Circuit Court for Washington County, Chief Judge D. K. McLaughlin presiding, reversing an award of the Workmen’s Compensation ⁴⁶¹ Commission (Commission) which allowed Sherman K. Andrews medical expenses. The facts were stipulated. On September 13, 1952, Sherman K. Andrews of Hagerstown, Maryland, was injured while in the course of his employment as a carpenter for Charles R. Decker, who was insured for workmen’s compensation by an insurance company, now known as Pennsylvania National Mutual Casualty Insurance Company (insurer).

An employer’s report of the accident was submitted to the Commission. On October 17, 1952, Andrews filed a claim for compensation, and on November 12, 1952, the Commission ordered the employer and insurer to pay $32.00 per week as temporary total compensation, subject to further consideration if disability became permanent. Temporary total compensation was paid through January 27, 1953, and medical payments were paid, the last of which being made on January 5, 1953. No other payments of any kind have been made by the insurer and employer.

No claim for further compensation or medical payments was made by or on behalf of Andrews, although he was periodically treated by a doctor from 1952 for injuries which he sustained by reason of the 1952 accident. On May 23, 1964, Andrews was hospitalized for treatment of injuries which arose out of the 1952 accident. From the time of his admittance to the hospital until the date of his death, July 10, 1965, expenses of $2810.34 were incurred. On March 31, 1965, a claim was made for reimbursement of the hospital and medical expenses.

The administratrix of Andrews’ estate, Mary Jane Moore, was substituted as a party in interest. The sole issue in this case is whether the employer and insurer are liable for medical payments to a workmen’s compensation claimant who made claim for them more than twelve years after the last payment of any type under the original award of the Commission. The court below reversed the Commission’s award to Andrews on the basis that the case of A. G. Crunkleton v. Barkdoll, 227 Md. 364 , 177 A. 2d 252 , was not a precedent to be followed in this case, because Maryland Code (1951), Article 101, Section 53, was not before this Court in that case. The lower court found that Vigneri v. Mid City Sales, 235 Md. 361 , ⁴⁶² 201 A. 2d 861 , controlled the case before it.

Consequently, it held that Andrews’ claim for medical expenses was barred by the statute of limitations. In Vigneri v. Mid City Sales, supra, the sole question decided by this Court was whether the request of an employee for a hearing as to the nature and extent of his disability from an injury which arose out of and in the course of his employment was barred by the limitation provisions of the Workmen’s Compensation Act. Vigneri was injured on February 2, 1954. He received compensation for temporary total disability for the periods of February 6, 1954-March 13, 1954, and October 9-30, 1954.

A notice was sent to him on December 28, 1954, that he had a right to claim for permanent disability, but he failed to exercise that right. In December of 1958, Vigneri was hospitalized and given medication for severe low back pains. Hate in December of 1958 counsel for Vigneri requested a hearing as to the nature and extent of Vigneri’s