Montgomery County v. Buckman’s Empirical Analysis
1993
Citation profile
4 state decisions
Relationships
Relies on Police Commissioner v. Dowling · Pat Perusse Realty Co. v. Lingo · Mayor of Baltimore v. Hackely · Washington Suburban Sanitary Commission v. TKU Associates · Welsh v. Gerber Products, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Total Incapacity. a. 2 percent of final earnings, multiplied by years of credited service, up to a maximum of 36 years, plus sick leave credits, but not less than 66% percent of final earnings, if the member is totally and permanently incapacitated. * * * (2) Partial incapacity. 6 percent of final earnings for each 10 percent of permanent disability, but not less than 25 percent of final earnings, if the member is partially and permanently incapacitated....”
2 later decisions quote this exact passage · from the majority“Section 33-43(e) contains a patent inconsistency. The following example is illustrative. Employee A, a laborer, sustains a work-related injury which causes a fifty percent permanent partial disability and renders her unable to perform any job duties. Employee B, an administrator, sustains a more serious job-related injury which causes a seventy-five percent permanent partial disability. Because of B’s occupational classification and job duties, however, the injury only prevents her from performing some job duties. Under the County’s interpretation of § 33-43(e), A is granted a full service-connected disability retirement because she cannot perform any job duties, and B is only granted a partial service-connected disability retirement because she is unable to perform enough duties to remain in her position. There is no question that A and B both lose their jobs as the result of a work-related injury. It is not in keeping with the benevolent nature of § 33^3(e) that A receives full benefits while B, more seriously injured, and equally unable to continue in her position, receives only partial benefits solely because she is able to perform some job duties. It is inconceivable that the Montgomery County Council could have intended such an inconsistent result when it enacted § 33-43(e). Accordingly, we shall liberally construe § 33-43(e) and resolve its inconsistency in favor of Buckman. Under the hearing officer’s construction of § 33^3(e), it would be rare, indeed, that an employ”
1 later decision quote this exact passage · from the majority“Is an employee who sustains an occupational injury and otherwise meets the requirements of Montgomery County Code § 33-43(e) entitled to full disability retirement benefits under § 33-43(h)(l) if he is incapacitated for duty, yet capable of performing certain job duties.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.