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MONTGOMERY CO. FIRE BD. v. FISHER

No. 12, September Term, 1983.

298 Md. 245 (1983)

468 A.2d 625

MONTGOMERY COUNTY FIRE BOARD ET AL. v. DONALD M. FISHER.

Court of Appeals of Maryland.

Motion for Reconsideration Denied February 3, 1984.

Attorney(s) appearing for the Case

Richard W. Galiher, Jr., Rockville (Richard W. Galiher, William H. Clarke and Galiher, Clarke & Galiher, Rockville, on brief), for appellants, Montgomery County Fire Bd. and Insurance Co. of North America.

Irving B. Klitzner, Asst. Atty. Gen., Baltimore, on brief, for appellant, Subsequent Injury Fund.

Steven A. Charles, Baltimore (Hardwick, Tripoda & Harris, Baltimore, on brief), for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

MURPHY, Chief Judge.

This case focuses upon the statutory presumption contained in the Workmen's Compensation Act, Maryland Code (1979 Repl.Vol.), Article 101, § 64A(a), which provides in pertinent part:

"Any condition or impairment of health of any paid... fire fighter ... caused by lung diseases, heart diseases, or hypertension ... resulting in total or partial disability or death shall be presumed to be compensable [as an occupational disease] under...

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