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SUBSEQUENT INJURY FUND v. KRAUS

No. 131, September Term, 1983.

301 Md. 111 (1984)

482 A.2d 468

SUBSEQUENT INJURY FUND v. JAMES PAUL KRAUS ET AL.

Court of Appeals of Maryland.

October 15, 1984.

Attorney(s) appearing for the Case

Sophia L. Swope, Asst. Atty. Gen., Towson (Stephen H. Sachs, Atty. Gen., Baltimore, on the brief), for appellant.

Alfred M. Porth, Theodore B. Cornblatt, S. Woods Bennett and Smith, Somerville & Case, Baltimore, amicus curiae on the brief, for Moriconi Const. Co., Maryland Cas. Co., Packaging Services of Maryland, Inc. and Nationwide Mut. Ins. Co.

L. William Gawlik, Asst. City Sol. (Benjamin L. Brown, City Sol. and Sheldon H. Press, Chief Sol., Baltimore, on the brief), for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and JAMES C. MORTON, Jr., Associate Judge of the Court of Special Appeals (Retired), Specially Assigned.

RODOWSKY, Judge.

The dispute in this workers' compensation case is between the Subsequent Injury Fund (the Fund) and the employer, the Mayor and City Council of Baltimore (the City), over how much of an award for permanent total disability each is to pay. We shall hold that the employer is responsible for so much of the award as equals compensation payable for that disability which the subsequent injury would have caused, absent the prior impairment, and that the...

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