Simmons v. Comfort Suites

• Decision Date: 31 March 2009
• Docket Number: No. 241, September Term, 2008.,241, September Term, 2008.
• Citation: 968 A.2d 1123,185 Md. App. 203
• Parties: Carol F. SIMMONS v. COMFORT SUITES HOTEL, et al.
• Court: Court of Special Appeals of Maryland

968 A.2d 1123

185 Md. App. 203

Carol F. SIMMONS v. COMFORT SUITES HOTEL, et al.

No. 241, September Term, 2008.

Court of Special Appeals of Maryland.

March 31, 2009.

Robert J. Zarbin (Jaklitsch Law Group, on the brief), Upper Marlboro, for Appellant.

James S. Maloney (Semmes, Bowen & Semmes, on the brief), Baltimore, for Appellee.

Panel: WRIGHT, MATRICCIANI, GRAEFF, JJ.

GRAEFF, Judge.

Appellant, Carol F. Simmons, appeals from the order of the Circuit Court for Queen Anne's County reversing a workers' compensation award in her favor and granting summary judgment to appellees, Comfort Suites Hotel, and its insurer, Selective Insurance Company of North America (collectively, "Comfort Suites"). On appeal, Ms. Simmons presents the following issues:

I. Is the installation of an alarm system to allay the post-traumatic fears of a robbery victim a cognizable medical expense under Maryland's Workers' Compensation law?

II. If the answer to Question I is in the affirmative, should the decision of the Workers' Compensation Commission be affirmed?

For the reasons set forth below, we shall reverse the judgment of the circuit court.

FACTUAL AND PROCEDURAL BACKGROUND

This appeal arises from injuries that Ms. Simmons received while working as a night auditor at the Comfort Suites Hotel in Chestertown, Maryland. On September 25, 2006, at approximately 2:00 a.m., she was brutally attacked with a baseball bat during an attempted robbery of the hotel. Left for dead, the 67-year-old victim was found hours later, lying unconscious in a pool of blood.

Paramedics rushed Ms. Simmons to the University of Maryland Shock Trauma Center, where she was treated for severe traumatic brain injury, diffuse cerebral edema, and multiple skull fractures. On October 6, 2006, she was transferred to Kernan Hospital. After her discharge on December 5, 2006, the Kernan Team recommended that Ms. Simmons receive supportive care and outpatient rehabilitation services at home.

On September 29, 2006, Ms. Simmons filed a claim with the Maryland Workers' Compensation Commission (the "Commission") for the injuries she sustained in the attack. Comfort Suites did not contest the underlying compensability of the claim, and it paid for medical treatment for Ms. Simmons. The Commission awarded Ms. Simmons temporary total disability benefits.

Ms. Simmons thereafter requested that Comfort Suites provide her with a home security system to allay her fear of a home intruder. The Commission held a hearing on Ms. Simmons' request on September 14, 2007. In support of her claim, Ms. Simmons submitted a March 23, 2007, letter from Dr. M. Sementilli, a neuropsychologist. Dr. Sementilli wrote, in part:

I continue to follow the neurobehavioral recovery of Ms. Simmons. Even though she continues to demonstrate cognitive and physical gains, her mood remains anxious to fear of additional assaults. Her anxiety increases in the evening despite the presence of her son(s) who reside upstairs during the night. Ms. Simmons continues to fear that the perpetrator or associates, or random intruders may attempt to harm her. She is hyper vigilant to noises outside and inside the house. The resulting anxiety, ruminations and hyper vigilance are contributing to ongoing insomnia and fear.

To conclude, as her treating neuropsychologist I would strongly recommend that an in home security system be installed. If so I am confident that Ms. Simmons will experience a reduction in fear, vigilance and resulting anxiety. I believe this is a reasonable request for any individual who has been assaulted and continues to be vulnerable during their recovery period.

Comfort Suites did not introduce any medical evidence rebutting Dr. Sementilli's opinion that Ms. Simmons' anxiety would be reduced with the installation of an alarm system, noting that it was addressing the claim "strictly from a legal standpoint." Comfort Suites argued that the Workers' Compensation statute did not cover a home security system because it was not "medical treatment" pursuant to the statute. In support of its position, Comfort Suites cited R & T Constr. Co. v. Judge, 323 Md. 514, 531, 594 A.2d 99 (1991), for the proposition that modifications to a home constitute medical treatment only when they provide "access for necessities," such as modifications that provide a quadriplegic access to physically travel in the home.

The Commissioner disagreed with the argument that a home security system was not covered under the Workers' Compensation statute, stating:

Ironically, I think this home modification ... the request is probably designed to do more potential good for the condition of the patient than the modification that you've cited in terms of access. Access is for someone whose condition is not going to get any better. This modification will theoretically make the condition better. It's more reason to do this than the other.

The other is kind of vague, acknowledgment that it's the civil thing to do if someone is a paraplegic or quadriplegi[c], you're improving the standard of the quality of their life. This has the double purpose of improving the quality of her life, and possibly the medical condition. I think with medical documentation from him, I think it's appropriate.

On October 10, 2007, the Commission issued an order granting Ms. Simmons' request for a home security system. Specifically, the order required Comfort Suites to "authorize medical treatment for [Ms. Simmons] of home modification of installation of a home security system to reduce stress and fear per treating physician."

On October 30, 2007, Comfort Suites filed in the Circuit Court for Queen Anne's County a Petition for Judicial Review of the Commission's decision. On March 18, 2008, the circuit court held a hearing on the parties' cross-motions for summary judgment. Counsel for Ms. Simmons argued that the home security system qualified as medical treatment because (1) it would "assist her in her recovery from the injuries she sustained both physically and emotionally," and (2) Comfort Suites had not produced a medical opinion that she did not need this system to recover from the attack.

Comfort Suites did not take issue with the doctor's recommendation that a home security system be installed; counsel stated: "I completely understand and frankly agree with" the need for a home security system for her peace of mind. Comfort Suites stated:

[W]hat [counsel for Ms. Simmons] is focusing on is not the right thing here. We're here on a motion for summary judgment.

As Your Honor knows, there's no dispute as to any material facts. I'm not disputing that she may need, from a medical standpoint as Dr. Simantelli [sic] says, this home security system to help her with whatever problems she may have. That's not the point.

The point is legally she's not entitled to the home security system under the Maryland Workers' Compensation Statute. They need to clear the first hurdle, which is: Is she even entitled to it under the statute?

This is not a medical question. It's a legal question. Legally is she entitled to it under the statute? The answer is no unfortunately, because what we're talking about here is the medical treatment in the form of a home modification.

Comfort Suites argued that, pursuant to Judge, 323 Md. at 530-31, 594 A.2d 99, modifications to a claimant's home are considered medical treatment under the statute only if the modification provides access to necessities. Because a home security system would not provide necessary access, it was not "medical treatment" that was covered by the Maryland Workers' Compensation Statute.

The circuit court concluded that the question whether Ms. Simmons is entitled to a home security system under the Maryland Workers' Compensation Act "is a legal, not a factual question." The court stated that it "agrees with the proposition that this is not something that's contemplated either by the statute or the [Judge] case."

On March 28, 2008, the circuit court entered a written order granting Comfort Suites' Motion for Summary Judgment and ordering "that the decision of the Maryland Workers' Compensation Commission dated October 10, 2007 is REVERSED as it relates to the installation of a home security system." This appeal followed.

STANDARD OF REVIEW

Before addressing the merits of this case, we must address the applicable standard of review. Ms. Simmons argues that decisions of the Commission are entitled to a "presumption of correctness" under Md. Code (2008 Repl.Vol.), § 9-745 of the Labor and Employment ("L.E.") Article. Accordingly, she argues, the decision of the Commission satisfied her prima facie case, and the circuit court could not grant summary judgment against her when Comfort Suites "offered no medical evidence to controvert the opinion of [her] treating health care provider that the alarm system was an important component to [her] treatment plan."

Ms. Simmons is correct that, pursuant to L.E. § 9-745(b), on appeal: (1) "the decision of the Commission is presumed to be prima facie correct," and (2) "the party challenging the decision has the burden of proof." The Maryland appellate courts have made clear, however, that the language regarding the presumption of correctness of the Commission's decision does not apply to all issues, but rather, it "is only pertinent when the issue on appeal to the circuit court is one of fact and not of law." Board of Educ. v. Spradlin, 161 Md.App. 155, 173, 867 A.2d 370 (2005). Accord Beyer v. Decker, 159 Md. 289, 291, 150 A. 804 (1930) (presumption of correctness does not apply where the question "is one of statutory construction, and one of law for the court"); Symons v. R.D. Grier & Sons Co., 10 Md.App. 498, 500, 271 A.2d 398 (1970) (presumption of correctness "has no application where the question is one of law instead of fact").

Here, on appeal in the circuit court, the parties each filed a motion for summary judgment asking the circuit court to rule in...