Grimm v. State

Henderson, J., delivered the opinion of the Court. The appellant was indicted in Washington County on May 16, 1956, for failure to pay an award by the State Industrial Accident Commission of compensation to the son of a deceased employee, who had been killed in the course of his employment. A motion to dismiss the indictment was overruled, there was a general plea of not guilty and a plea of limitations, and a trial before the court without a jury. After finding the accused guilty, the court sentenced him to pay a fine of $4,016 and costs, “provided that said fine shall be remitted upon payment to the State Industrial Accident Commission of the ²⁴⁵ balance due, namely $4,016.00” on the award of $7,500, “and stand committed to Washington County Jail until fine and costs are paid”.

The facts are undisputed. An award was passed by the Commission on August 14, 1951, ordering the appellant to pay to “William Watson, duly qualified guardian of Roy D. Watson, infant, for the use and benefit of said infant, compensation at the rate of $16.67 per week, payable weekly, beginning on July 30, 1949, for the period of 449.9 weeks, more or less; not to exceed, however, the sum of $7,500.00; and, in addition thereto, the sum of $300.00 for funeral expenses of the deceased.” On appeal to this Court the award was affirmed. Watson v. Grimm, 200 Md. 461 . The appellant made payments totaling $3,584 on account of the award, the last payment being on September 18, 1953.

As of May 11, 1956, the date of failure to pay set forth in the indictment, it was testified that there was a balance of $2,600.51 due and in arrears. The appellant contends: (1) that the indictment did not sufficiently inform the appellant of the date, nature, amount or other particulars of the award so that he might prepare his defense; (2) that the Statute does not make it a crime to fail to pay compensation to the son of a deceased employee; (3) that the Statute violates Art. 3, sec. 38 of the Maryland Constitution in that it authorizes an imprisonment for debt, and is, therefore, unconstitutional; and (4) that the prosecution is barred by limitations. Since we agree with the second contention of the appellant, we find it unnecessary to discuss the other three. Code (1951), Art. 101, sec. 15 (3) (b) provides, in part: “Any employer, * * * who fails to pay compensation to an injured employee in accordance with the award of the Commission, shall be guilty of a misdemeanor, and shall be subject to a fine of not less than Five Hundred nor more than Five Thousand Dollars.

Any fine levied against any employer failing or refusing to secure insurance as required by this Article shall be paid into the State Treasury and credited to the State Industrial Accident Commission, * * * The Court may, in its discretion, remit any such penalty, provided the employer in default assures the