Volume 237 — Maryland Reports

WORKMEN'S COMPENSATION — <italic>Appeal From Commission — Under Acts</italic><italic>Of 1962, Ch. 40, Which Was Controlling Here, Appeal Was To Be</italic><italic>Taken By Service Of Notice Of Appeal Upon Commission</italic>. p. 114 WORKMEN'S COMPENSATION — <italic>County Police Officer Injured In</italic><italic>Course Of Employment — Entitled To Both County Retirement And</italic><italic>Workmen's Compensation Benefits, Where Retirement Benefits Were</italic><italic>Not Shown To Be Equal To, Or Greater Than, Compensation</italic><italic>Benefits</italic>. Where a police officer employed by Montgomery County sustained an accidental personal injury in the course of his employment, this Court <italic>held</italic> that he was entitled to receive workmen's compensation benefits as well as disability or retirement benefits from the County, because it was not shown that the retirement benefits were equal to, or greater than, the compensation benefits within the meaning of Code (1957), Art. 101, § 33. Under that section a municipal employee may not receive compensation benefits if "provision equal to or better than that given under the terms of this article is made for municipal employees injured in the course of employment * * *". Here the retirement fund did not provide for any medical benefits, while there were unlimited such benefits under the compensation law, and the retirement fund did not provide for partial or permanent partial benefits. The workmen's compensation law intends a law by law, and not a case by case, examination. pp. 114-116 <italic>Decided December 7, 1964</italic>.

<p>September Term, 1964.]</p> <p>September Term, 1964.]</p> <p>September Term, 1964.]</p> <p>September Term, 1964.]</p>