Sims v. First National Bank

MacDaniel, J., delivered the opinion of the Court. This appeal is from the entry of summary judgment against the appellant, Robert E. Sims, in the Circuit Court for Montgomery County. On November 2,1976, the appellant, who worked for First National Bank of Maryland, one of the appellees, suffered a back injury. He filed a claim for compensation benefits with the Workmen’s Compensation Commission of Maryland, On March 1, 1977, the Commission completely disallowed the ³¹⁰ claim, stating that “the claimant did not sustain an accidental injury arising out of and in the course of employment----” On June 24, 1977, the appellant, the First National Bank of Maryland, and Maryland Casualty Company, the bank’s insurer under the Workmen’s Compensation Laws of Maryland, entered into an “Agreement of Final Compromise and Settlement,” which provided, in part: “WHEREAS, the Claimant has filed a claim with the Workmen’s Compensation Commission of Maryland, hereinafter called the Commission, to recover workmen’s compensation benefits for alleged disability resulting from accidental personal injury or disablement from occupational disease, arising out of and in the course of his or her employment with the Employer, which injury or disablement is alleged to have occurred on or about the 2nd day of November 1976; and “WHEREAS, the Employer and Insurer deny the allegations of the Claimant, either in whole or in part, so that there now exists a dispute between the Claimant on the one hand, and the Employer and Insurer on the other, as to whether the Claimant is entitled to any workmen’s compensation benefits and/or, if so entitled, as to the nature and extent of disability involved and the benefits or additional benefits to be paid Ox’ provided; and “WHEREAS, irrespective of and notwithstanding the divergent views held by the parties ... the said parties have reached an agreement providing, subject to the approval of the Commission, for a final compromise and settlement of any and all claims which the Claimant or his or her personal representative or beneficiaries might now or could hereafter have under the provisions of the said Workmen’s Compensation Law against the Employer and/or the Insurer: “2.

The Claimant hereby accepts the said ³¹¹ agreement and the aforesaid payment(s) in final compromise and settlement of any and all Claims which the Claimant, his or her personal representative, dependents, wife and children or any other parties who might become beneficiaries under the said Workmen’s Compensation Law, might now or could hereafter have under the provisions of the said Law, arising out of the aforesaid injury or disablement or the disability resulting therefrom, and does hereby, on behalf of himself or herself and all of said other parties, release and forever discharge the Employer and Insurer, their personal representatives, heirs, successors and assigns, from all other claims of whatsoever kind which might or could hereafter arise under the said Law from the said injury, disablement or disability. “3. This Agreement is made subject to the approval of the Commission, and when so approved shall immediately become effective and binding upon all of the parties hereto.” The agreement was approved by the Workmen’s Compensation Commission on June 28, 1977. At the time of the injury, First National Bank provided for its employees a “Long Term Salary Continuance Accident and Sickness Policy” through the Insurance Company of North America, an appellee in this case. The policy entitled employees to monthly disability payments based on a percentage of the employee’s base monthly salary.

A