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Maryland Casualty Co. v. Lorkovic6/1/1994
Opinion by Davis, J.
This is an appeal from a September 10, 1993 order of the Circuit Court for Baltimore County granting summary judgment in favor of appellee, Albert J. Lorkovic. The dispute arose from Lorkovic's claim for workers' compensation, filed September 13, 1990, against his employer , the Maryland Casualty Company (Maryland Casualty), and insurer, the Automobile Insurance Company of Hartford (collectively appellants). The basis of the workers' compensation claim was injuries Lorkovic sustained in a one-car accident while he was driving home from the airport after a business trip. Appellants contested Lorkovic's claim on grounds that his injuries did not arise from or occur in the course of his employment and that his intoxication was the sole cause of his injuries.
On April 17, 1992, a hearing was held before the Workers' Compensation Commission. On June 23, 1992, the commission issued an order denying Lorkovic's claim because he "did not sustain an accidental injury arising out of and in the course of employment ... and the disability of the claimant is not the result of the alleged accidental injury...."
On July 22, 1991, Lorkovic noted an appeal with the Circuit Court for Baltimore County, alleging that the commission "misconstrued the law and facts applicable to case." On May 25, 1993, Lorkovic filed a motion for summary judgment. Because the motion was filed the same day trial was to begin, the circuit court heard oral argument regarding the summary
judgment motion. Appellants submitted a trial memorandum delineating their positions.
A complete transcript of the Commission hearing was part of the record before the circuit court. Indeed, Lorkovic's attorney stated, "We'll be basically submitting with the record below." Appellees' counsel, however, requested an opportunity to cross-examine Lorkovic on several points. The court granted this request and Lorkovic testified on direct examination and, subsequently, cross-examination.
On August 18, 1993, the circuit court issued its opinion, finding that the commission erred in denying Lorkovic's claim and granted summary judgment in favor of Lorkovic. On September 10, 1993, appellants noted an appeal to this Court and presented the following issues:
I. Whether the circuit court erred in overturning the workers' compensation commission's ruling that Lorkovic's injury [did not arise] out of and in the course of his employment
II. Whether the circuit court erred in holding that Lorkovic's intoxication was not the sole cause of his injury
FACTS
On August 17, 1990, Lorkovic was injured in a one-car accident when he was driving his Ford Bronco from the Baltimore-Washington International Airport to his home in Glennville, Pennsylvania. Lorkovic was returning from a business trip in California at the time. Lorkovic claims that his injuries are compensable under the Workers' Compensation Act. The nature of this appeal requires a close examination of Lorkovic's employment conditions as well as the facts surrounding his accident.
At the time of the accident, Lorkovic was 39 years old and was an assistant vice president and director of property claims at Maryland Casualty. His responsibilities required him to travel throughout the United States approximately twenty percent of his work time. Lorkovic generally made the decision when circumstances required that he travel, but he was
often required to leave with short notice to investigate sudden property damage or take part in a legal settlement.
Although the record is scant regarding Maryland Casualty's policy of reimbursing L
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