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CITY OF FREDERICK v. SHANKLE

No. 24, Sept. Term, 2001.

785 A.2d 749 (2001)

367 Md. 5

CITY OF FREDERICK, et al. v. Donald SHANKLE.

Court of Appeals of Maryland.

December 4, 2001.

Attorney(s) appearing for the Case

Michael J. McAuliffe (Quinn, McAuliffe & Rowan, on brief), Rockville, for petitioners.

Kenneth M. Berman (Alan B. Gross of Berman, Sobin & Gross, L.L.P., on brief), Gaithersburg, for respondent.

Thurman W. Zollicoffer, Jr., City Sol. for Baltimore City, Charles W. Thompson, Jr., County Atty., Rockville, on brief of Amici Curiae, Mayor and City Council of Baltimore City, Montgomery County and Prince George's County on behalf of petitioners.

P. Matthew Darby, Albertini, Singleton, Gendler & Darby, L.L.P., Baltimore, on brief of Amicus Curiae Md. Trial Lawyers Ass'n on behalf of respondent.

Molly A. Elkin, Thomas A. Woodley, Erick J. Genser, Denise M. Dunkin, Woodley, Genser & McGillivary, Washington, DC, on brief of Amicus Curiae Intern. Ass'n of Fire Fighters on behalf of respondent.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, and BATTAGLIA, JJ.

WILNER, Judge.

The issue before us in this workers' compensation case is whether, when a police officer (or fire fighter) seeks compensation for heart disease as an occupational disease and relies on the presumption of compensability provided in Maryland Code, § 9-503 of the Labor and Employment Article (LE), a medical expert retained by the employer may be permitted to testify that stress from police work is never a factor in causing heart disease. The Circuit...

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