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POTTER v. BETHESDA FIRE DEPT., INC.

No. 1296, September Term, 1983.

59 Md. App. 228 (1984)

474 A.2d 1365

THEODORE E. POTTER v. BETHESDA FIRE DEPARTMENT, INC., ET AL.

Court of Special Appeals of Maryland.

May 15, 1984.

Attorney(s) appearing for the Case

Joseph F. McBride, Silver Spring, for appellant.

Joseph M. Mott, Asst. County Atty. for Montgomery County, with whom were Paul A. McGuckian, County Atty. for Montgomery County and Clyde H. Sorrell, Sr. Asst. County Atty., for Montgomery County on the brief, for appellees, Bethesda Fire Dept., Inc. and Montgomery County, Maryland.

Richard W. Galiher, Jr. and Galiher, Clarke & Galiher, Rockville, on the brief for appellees, Bethesda Fire Dept., Inc. and Ins. Co. of North America.

Argued before WEANT, GARRITY and ALPERT, JJ.

ALPERT, Judge.

Maryland Ann.Code, art. 101, § 33(c) (1979 Repl.Vol., 1983 Cum.Supp.) provides for a set off whenever state or municipal disability benefits exceed those benefits available under the Workmen's Compensation Act. We have stated previously that § 33 "attempts to prevent double payment from the public treasury to civil servants for an injury arising out of the employment relationship by providing that government employees covered by both a pension...

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