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MONTGOMERY COUNTY v. SMITH

No. 00764, Sept. Term, 2001.

799 A.2d 406 (2002)

144 Md. App. 548

MONTGOMERY COUNTY, Maryland v. George R. SMITH.

Court of Special Appeals of Maryland.

June 3, 2002.

Attorney(s) appearing for the Case

Sharon V. Burrell, Principal Counsel (Charles W. Thompson, Jr., County Attorney and Christine M. Collins, Assistant County Attorney, on the brief) Rockville, for appellant.

Kenneth M. Berman (Shannon O. Bittinger and Berman, Sobin & Gross, LLP, on the brief) Gaithersburg, for appellee.

Argued before SALMON, KRAUSER, GREENE, JJ.

SALMON, J.

The issue we must decide is whether an injury, which an off-duty prison guard suffered while playing basketball at the detention center where he worked, arose "out of and in the course of [his] employment," as that phrase is used in the Workers' Compensation Act. See Md.Code Ann., Lab. & Empl. § 9-101(b)(1) (2001). The answer to that question basically turns on whether Smith's injury was "sufficiently...

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