ADKINS, J.
In this workers' compensation case, we encounter a particularly vexing statutory construction problem involving the question of when the Workers' Compensation Commission ("Commission") will lose jurisdiction to decide a worker's additional requests for relief while a previous order is being appealed. On two separate occasions, Respondent Edy Sanchez filed for benefits with the Commission while previous orders, in the same claim, were pending on appeal in the courts. The Commission decided that it lacked jurisdiction to consider his new requests because of the pending appeals. The Circuit Court for Baltimore County agreed, holding that the Commission did not retain jurisdiction pending an appeal because the issues raised in the new filings did not fit within the jurisdictional provisions of Md.Code (2000, 2008 Repl.Vol.) Section 9-742 of the Labor and Employment Article.
We granted certiorari
We shall affirm the judgment of the Court of Special Appeals. Under Section 9-736(b), the Commission retains jurisdiction to hear new issues while other issues in the same claim are pending on appeal, so long as no evidence was taken or decision made on the new issues in the hearing from which the appeal was taken. Section 9-742 was not intended to reduce the Commission's ongoing jurisdiction to grant relief, notwithstanding the appeal.
On September 22, 1998, Respondent sustained a serious injury working for Petitioner Potomac Abatement, Inc. In his words: "I was cutting out a piece of the ceiling and the ceiling fell in on me and I fell about 7 feet." He injured his back, pelvis, and leg, and for years suffered lower back pain, leg pain, sciatica, and depression. His ability to work was reduced.
Respondent filed Sanchez I with the Commission on May 10, 2006. He requested permanent partial disability benefits ("PPD")
After a trial in which he received an award, Respondent filed an appeal from the Circuit Court's denial of the motion, seeking a ruling of law on the issue of "whether the Maryland Statewide Average Weekly Wage index [SAWW] used to calculate and establish the maximum or cap of weekly compensation . . . is that index on the date of the accident or on the date the right to such compensation commences."
Citing Section 9-742, the Commission decided that it lacked jurisdiction to hear the issue because Sanchez I was pending on appeal. Respondent appealed this decision to the Circuit Court and the parties filed motions for summary judgment. The Circuit Court affirmed the Commission's ruling, and Respondent appealed. While that appeal was pending before the Court of Special Appeals, we granted certiorari in Sanchez I on June 17, 2009. Sanchez v. Potomac Abatement, 409 Md. 47, 972 A.2d 861 (2099). Thus, while Sanchez I was pending in this Court and Sanchez II was pending in the CSA,
In Sanchez III, the Commission again decided that it did not have jurisdiction to hear the issue, citing Section 9-742, because the other two cases were pending on appeal. Respondent appealed to the Circuit Court, and the parties filed motions for summary judgment on that issue. The Circuit Court affirmed the Commission's ruling, reasoning that the Commission lacked jurisdiction because of the cases pending on appeal. Respondent appealed that decision on May 21, 2010. Because Sanchez II was still pending in the CSA on the same issue, the court consolidated Sanchez II and Sanchez III. Sanchez v. Potomac Abatement, Inc., 198 Md.App. 436, 443, 18 A.3d 100, 104 (2011).
While Sanchez II and Sanchez III were pending in the CSA, we decided Sanchez I, holding that "the SAWW of the year of the accidental injury controls the amount of a PPD award." Sanchez v. Potomac Abatement, Inc., 417 Md. 76, 82-84, 8 A.3d 737, 740-41 (2010). The CSA then held that Sanchez II and Sanchez III had become moot because the obstacle to the Commission's jurisdiction (the pending appeal) had been removed. Sanchez, 198 Md.App. at 444, 18 A.3d at 105. Nevertheless, the CSA reached the issue of the Commission's jurisdiction pending an appeal. As Judge Zarnoch wrote:
Id. at 444-45, 18 A.3d at 105 (citing Cottman v. State, 395 Md. 729, 745, 912 A.2d 620, 629 (2006)). The Court then held that the Commission had jurisdiction over Respondent's new issues under Section 9-736(b), even though other issues were pending on appeal in this Court and the CSA. Id. at 451, 18 A.3d at 109. The Petitioners sought certiorari, which we granted on August 12, 2011. See Potomac
We agree with the CSA that this case became moot when we decided Sanchez I. See Sanchez, 198 Md.App. at 444, 18 A.3d at 105. A case is moot when it does not present "a controversy between the parties for which, by way of resolution, the court can fashion an effective remedy." Adkins v. State, 324 Md. 641, 646, 598 A.2d 194, 197 (1991). As the Court of Special Appeals observed, "[t]he only effective remedy this Court could fashion—ordering the Commission to consider [Respondent's] post-PPD claims—is one [he] now has an unfettered right to pursue." Sanchez, 198 Md.App. at 444, 18 A.3d at 105. This is because, after we decided Sanchez I, there was no longer a case pending on appeal, and thus Respondent had no obstacle to raising his new issues before the Commission.
Nevertheless, "[t]his Court . . . is willing to decide moot questions where [i]t appears . . . that there are important issues of public interest raised which merit an expression of our views for the guidance of courts and litigants in the future." Robinson v. Lee, 317 Md. 371, 376, 564 A.2d 395, 397 (1989). Yet "only where the urgency of establishing a rule of future conduct in matters of important public concern is imperative and manifest" will we make such a "departure from the general rule and practice of not deciding academic questions." Lloyd v. Bd. of Supervisors, 206 Md. 36, 43, 111 A.2d 379, 382 (1954).
We agree with the Court of Special Appeals that this case presents a question worthy of our guidance, despite its mootness. See Sanchez, 198 Md.App. at 444 n. 5, 18 A.3d at 105 n. 5. Whether the Commission can hear new benefits requests pending an appeal, and if so, when, affects claimants' ability to receive proper, prompt treatment and compensation during the often long and complex healing process. Moreover, given that the Commission has reached different conclusions on this issue within this very case, it seems especially important to provide guidance to avoid future inconsistent rulings. Accordingly, although we dismiss the appeal as moot, we will address the Commission's jurisdiction pending an appeal. See Cottman, 395 Md. at 745, 912 A.2d at 629 ("While we have, on prior occasions, discussed our view on the merits of moot questions . . . we nonetheless dismissed those appeals pursuant to our mandate, as the mandate represents the judgment of the Court.")
Petitioner makes four arguments for why the Commission had no jurisdiction to consider Respondent's claims while his earlier appeals were pending. Briefly stated, these are: (1) the plain language of Section 9-742 clearly sets exhaustively the extent of the Commission's jurisdiction pending a related appeal; (2) legislative history is consistent with the plain language of Section 9-742; (3) Maryland courts have consistently applied Section 9-742, and never considered Section 9-736 in this context; and (4) to interpret Section 9-736 as granting the Commission additional jurisdiction outside of the terms of Section 9-742 is against public policy, because it will tend to create inconsistent rulings within the same case.
We turn to Petitioner's "plain language" argument first, by examining the text of Section 9-742, titled "Jurisdiction of Commission pending appeal":
Petitioner sees clarity in the bolded words, claiming that the section "was enacted to enumerate the limited situations in which the Commission retains jurisdiction during the pendency of an appeal." Petitioner perceives clarity notwithstanding the absence of any words to indicate that this section was intended to exclude or override jurisdiction (pending appeal) granted elsewhere in the Act. Petitioner's argument appears to rely on the interpretative canon expressio unius est exclusio alterius, under which statutory lists are often interpreted as exclusive, so that a court will draw the negative inference that no other items may be added. See, e.g., Comptroller of the Treasury v. Blanton, 390 Md. 528, 537, 890 A.2d 279, 285 (2006) ("Maryland has long accepted the doctrine of expressio (or inclusio) unius est exclusio alterius, or the expression of one thing is the exclusion of another."). Yet, not all statutory enumerations are limited by this canon. As we recently observed, "this particular canon of construction should be applied with extreme caution, as [it] is not a rule of law, but merely an auxiliary rule of statutory construction applied to assist in determining the intention of the Legislature where such intention is not manifest from the language used." Breslin v. Powell, 421 Md. 266, 294, 26 A.3d 878, 895 (2011).
Petitioner would have us ignore the much older Section 9-736, upon which Respondents rely. This section provides, in pertinent part:
We are mindful that we read statutes "as a whole to ensure that no word, clause, sentence or phrase is rendered surplusage, superfluous, meaningless or nugatory." Evans v. State, 420 Md. 391, 400, 23 A.3d 223, 228 (2011). Additionally,
Mayor & City Council of Balt. v. Chase, 360 Md. 121, 129, 756 A.2d 987, (2000). We also bear in mind our mandate to interpret the Act "as liberally in favor of injured employees as its provisions will permit in order to effectuate its benevolent purposes." Montgomery County v. Deibler, 423 Md. 54, 61, 31 A.3d 191, 195 (2011). The "Workers' Compensation Act's reopening provision is broad." Vest v. Giant Food Stores, Inc., 329 Md. 461, 475, 620 A.2d 340, 346 (1993); see also Vest v. Giant Food Stores, Inc., 91 Md.App. 570, 579, 605 A.2d 627, 632 (1992) ("It is among the most liberal reopening provisions in the country[.]").
Thus, in Judge Zarnoch's words, we have "A Tale of Two Statutes," and our job is to discern which one applies here. In resolving the ambiguity in the statutory scheme, we will address the legislative history of these sections, but first, a discussion of an important case on this topic, Pressman v. State Accident Fund, 246 Md. 406, 228 A.2d 443 (1967), is in order.
In Pressman, the claimant appealed from the Commission's ruling and, while the appeal was pending, filed another set of issues with the Commission. Id. at 409-10, 228 A.2d at 445. The issue pending on appeal was whether a certain party had been the claimant's employer, while the issue at the new hearing was whether the defendant was the insurer. Id. at 409-10, 228 A.2d at 445. At the new hearing, the Commission resolved the insurance issue and the defendant appealed, arguing that "the taking of an appeal [from the prior ruling] automatically deprived the Commission of jurisdiction to act in the matter while the appeal was pending." Id. at 414, 228 A.2d at 448. We disagreed, holding that the Commission retained "jurisdiction and power . . . to deal with aspects of a case that were not dealt with or embraced within a decision on the other aspects which had been appealed." Id. at 415-16, 228 A.2d at 449.
We held that the Commission had continuing jurisdiction under the predecessor
Because there is no substantive difference between the statute considered in Pressman and Section 9-736(b), the Pressman holding is instructive here. See Jung v. Southland Corp., 351 Md. 165, 175 n. 12, 717 A.2d 387, 392 n. 12 (1998) ("Maryland Code (1957, 1985 Repl.Vol.), Article 101, § 40 was recodified in 1991 as Labor & Employment Article, § 9-736. The Revisor's Note indicates that it is `new language derived without substantive change from former Art. 101, § 40(b) through (d).' Thus, interpretations of former § 40(c) are equally applicable to § 9-736(b).").
Petitioners want to distance us from Pressman, arguing that, there, the issue was
We do not construe Pressman so narrowly. To be sure, we observed in Pressman that the Commission had reserved the issue raised at the new hearing (insurance) in its first order. See Pressman, 246 Md. at 409, 228 A.2d at 445. Yet we do not read Pressman as limiting its holding to issues reserved in previous orders. It appears that Pressman mentioned the Commission's reservation of the insurance issue simply to respond to the insurer's argument that "the Commission had decided that [the employer] was uninsured by its [first order] and, having done this, cannot reverse itself[.]" See Pressman, 246 Md. at 414-15, 228 A.2d at 448-49. Responding to this argument, we observed:
Id. Thus, it appears that we discussed the Commission's reservation of the insurance issue simply to show that the Commission was not attempting to "reverse itself." Whether the Commission retained jurisdiction, we said, turned on whether it had taken evidence or made a decision on the new issues at the earlier hearing:
In his brief, Respondent takes us through the history of the more recent statute, Section 9-742, which was originally enacted in 1966 as an amendment to Art. 101, Section 56(a) (the Worker's Compensation Act or "WCA"). See Chapter 298 of the Acts of 1966; Md.Code (1966), Art. 101, § 56(a). As Respondent explains, the WCA was amended almost annually, and "[v]arious sections of Article 101 of the 1957 Maryland Code that were existent in 1990 were repealed and reenacted into [the most relevant] sections of Title 9 of LE: `Workers' Compensation'."
The provision remained in Article 101, Section 56(a) until 1991, when it was recodified in the Labor and Employment Article. See Chapter 8 of the Acts of 1991. As explained in the Revisor's Note to Section 9-742, the portion of Article 101 that became Section 9-742 was the ninth sentence of Art. 101, Section 56(a). That sentence provided:
As the Court of Special Appeals described it, this predecessor to Section 9-742
Sanchez, 198 Md.App. at 447, 18 A.3d at 107. As part of Section 56(a), that sentence was not an exclusive provision of jurisdiction pending appeal. Indeed, other portions of Art. 101 discussed jurisdiction pending an appeal in other circumstances. For example, the tenth sentence of Section 56(a) provided that "an appeal shall not be a stay," and as discussed in Pressman, Section 40(c) provided that the Commission's "powers and jurisdiction . . . over each case shall be continuing[.]" Pressman, 246 Md. at 415, 228 A.2d at 449.
As Judge Zarnoch wrote, "[t]his `additional medical treatment and attention' language was transformed by the 1991 revision of the LE Article into an apparently self-contained provision," designated as Section 9-742. Sanchez, 198 Md.App. at 448, 18 A.3d at 107-08. According to the Revisor's Note, this transformation was done "without substantive change[.]" Chapter 8 of the Acts of 1991. But as the CSA observed, despite this Revisor's Note,
Sanchez, 198 Md.App. at 449, 18 A.3d at 108. On the other hand, we cannot ignore Section 9-736 or our decision in Pressman interpreting it as granting the Commission broad, continuing jurisdiction pending appeal. Thus, to harmonize these two sections and avoid rendering either superfluous, we assume that there is a difference between the jurisdiction provided by Section 9-742 and the jurisdiction provided by Section 9-736.
Countering Respondent's view of the legislative history, Petitioners aver that certain cases interpreting Section 9-736 and its predecessor demonstrate that it does not provide jurisdiction pending an appeal. They cite Union Mining Co. v. Del Signora, 191 Md. 55, 61, 59 A.2d 771, 773 (1948), which held:
Petitioners contend that the language "and no appeal was taken therefrom" demonstrates that Section 9-736(b) does not apply when an appeal is pending. Yet even if the Court's language meant that the Court considered the Commission's jurisdiction pending an appeal to be so limited, such a holding was overruled by Pressman. Pressman was decided nineteen years later and held that, under Section 9-736(b), the Commission retains jurisdiction pending an appeal, so long as no evidence was taken or decision made on the issues presented at the new hearing. See Pressman, 246 Md. at 415-16, 228 A.2d at 449.
The Petitioners additionally posit that "[n]owhere in the legislative history. . . is there any indication that the Legislature intended for [Section] 9-736 to have any effect on Commission jurisdiction during the pendency of an appeal." Yet
The vexing problem remains that we need to reconcile the two sections, or explain how they are different in application. The Court of Special Appeals proposed two such possibilities, declining to decide which is correct:
Sanchez, 198 Md.App. at 451-52, 18 A.3d at 109. Petitioners suggest a third option: When an appeal is pending, Section 9-736 provides continuing jurisdiction only over issues that the Commission previously reserved for further consideration. If the Commission has not reserved the issue and an appeal is pending, they argue, only Section 9-742 can provide jurisdiction.
We think the correct explanation is close to the CSA's second suggestion above. Under Section 9-736, the salient limitation on jurisdiction pending an appeal is that no evidence was taken or decision made at the previously appealed hearing on the issues presented at the new hearing. See Pressman, 246 Md. at 414-15, 228 A.2d at 448-49. This limitation reduces the possibility of inconsistent verdicts, because it ensures that the new issues are not also being argued on appeal. See id. Yet, as the Petitioners acknowledge, sometimes an issue is "so important" that the potential for inconsistent verdicts pales in comparison to the possibility that the claimant may not be able to seek relief at all. Thus, we agree with the Petitioners that, after the Legislature "heard testimony, read reports, and carefully weighed the impact of permitting the Commission to retain jurisdiction[,]" it decided that two situations were important enough to allow jurisdiction despite the possibility of inconsistent verdicts—namely, requests for medical treatment and reinstatement of discontinued TTD benefits. These are the provisions that were added in 1966 as the ninth sentence of Art. 101, Section 56(a), now codified as Section 9-742. See Chapter 298 of the Acts of 1966; Chapter 8 of the Acts of 1991.
Because Section 9-742 is limited to a small number of issues, it need not contain the requirement of Section 9-736, stated in Pressman, that the new issues and the
Nevertheless, Petitioners urge us to consider two House bills amending portions of Section 9-742. Petitioners aver that these House bills demonstrate that Section 9-742 is the exclusive provision of the Commission's jurisdiction pending an appeal. The Fiscal Note to House Bill 63 of 1997, which added subsection (d) to Section 9-742 to expand the Commission's jurisdiction when the only issue on appeal is a penalty, explained that the new subsection was necessary because "[u]nder current law the Commission retains jurisdiction pending an appeal only to consider a request for additional medical treatment and attention." House Bill 63 1997, Fiscal Note. Similarly, the Senate Finance Committee's summary of House Bill 612 of 2000, which amended Section 9-742(a) to include certain claims regarding TTD benefits, explained that previously the Commission retained jurisdiction pending an appeal "only . . . to consider a request for additional medical treatment and attention." House Bill 612 2000, Senate Finance Committee Summary.
We cannot rule out the possibility that some members of the Legislature, in 1997 and 2000, believed Section 9-742 was the exclusive provision of the Commission's jurisdiction pending an appeal. Nevertheless, "a statement by present members of a legislative body, as to what their predecessors intended in a statute enacted several years previously, is not entitled to much weight." Wash. Nat'l Arena Ltd. P'ship v. Treasurer, Prince George's County, 287 Md. 38, 54 n. 7, 410 A.2d 1060, 1069 n. 7 (1980); see also Collier v. Connolley, 285 Md. 123, 126, 400 A.2d 1107, 1108 (1979) ("[W]e do not place much weight upon what the Legislature, in 1977, said was intended in a 1974 statute.").
Moreover, we do not think these statements establish that the Legislature considered Section 9-742 to be the exclusive provision of jurisdiction pending an appeal. Rather, the Finance Committee's summary, read alongside House Bill 612 of 2000, appears simply to show that the Legislature believed Section 9-742 itself was too narrow. It does not purport to limit the Commission's continuing jurisdiction outside of Section 9-742, nor does it reference Section 9-736 or Pressman. Indeed, if the two provisions work "in tandem" as we have described (Section 9-736 being limited to "independent and distinct" issues and Section 9-742 eschewing such limitation), then the bills amending Section 9-742 likely reflect the Legislature's consideration of which kinds of situations merit jurisdiction despite the possibility of inconsistent verdicts, not whether the Commission can retain jurisdiction outside of those instances.
Wex S. Malone et al., Workers' Compensation and Employment Rights 415-16 (2d. ed.1980). Malone also points out that in New York and Utah, modification of an award is permitted whenever the commission considers it justified, and in California modification is permitted "for any good cause." Id. (citing N.Y. Workmen's Comp. Law § 123 (McKinney) (current version at N.Y. Worker's Comp. Law § 123 (McKinney)); Utah Code Ann. § 35-1-78 (current version at Utah Code Ann. § 34A-2-420(b)); Cal. Lab.Code § 5803 (West)); see also Jack B. Hood et al., Workers' Compensation and Employee Protection Laws in a Nutshell 167 (5th ed.2011) ("[R]eopening and modification is usually permitted on the basis of a disabled worker's changed condition.").
As to why such modification is generally allowed, Larson's Workers' Compensation Law states:
8 Lex K. Larson, Larson's Workers' Compensation Law § 131.01 (Rev. ed.); see also 2 Mark A. Rothstein et al., Employment Law § 7.34 (4th ed.2009) (observing that the few statutes containing "language precluding the reopening, due to changed conditions, of awards" can "generate harsh results").
Although we cannot say that the Commission exercises "perpetual and unlimited jurisdiction," we believe Larson appropriately captures the legislative goal evident in the Maryland statutory scheme. See Deibler, 423 Md. at 61, 31 A.3d at 195 (observing that we must interpret the Act "as liberally in favor of injured employees as its provisions will permit in order to effectuate its benevolent purposes"). No question, "administrative and practical difficulties" can arise, which explains Pressman's "independent and distinct" limitation and the narrow scope of Section 9-742. But in the case of new issues filed pending an appeal, Pressman's limitation
Applying these principles to the case at hand, we think Respondent should be entitled to a hearing on his new issues under Section 9-736(b), so long as no "evidence was offered" or "decision made" on those issues at the previously appealed hearings. In Sanchez II, Respondent requests that the Commission decide whether he is entitled to TTD benefits from January 9, 2008, to June 11, 2008. No "evidence was offered" or "decision made" on that issue at the earlier hearing, Sanchez I, because that hearing was concluded on July 31, 2006, and discussed benefits during periods between August 2005 and January 2006. See Sanchez, 417 Md. at 78, 8 A.3d at 738. Similarly, in Sanchez III, Respondent requests that the Commission decide whether he is entitled to vocational rehabilitation in light of a doctor's prescription dated May 5, 2009. Vocational rehabilitation was not discussed in Sanchez I or Sanchez II. Thus, this case falls within Pressman's holding, which provides continuing jurisdiction, under Section 9-736(b), over "aspects of a case that were not dealt with or embraced within a decision on other aspects which had been appealed." Pressman, 246 Md. at 415-16, 228 A.2d at 449.
Petitioners protest that the risk of inconsistent verdicts is unacceptably high in this situation:
Although this argument might counsel against allowing a claimant to seek vocational rehabilitation and TTD at the same time,
Indeed, in cases such as this one, the equities appear to lie mostly with the claimant. As was argued by the Maryland Association for Justice, an amicus in this case,
These considerations, along with the broad interpretation we embraced in Deibler, serve to support the conclusion that Section 9-736(b) provides continuing jurisdiction pending an appeal. See also Rothstein, et al. at §§ 7.33, 34 ("It is generally recognized that workers' compensation systems were established to assist individuals who are not likely to be knowledgeable regarding technical legal procedures. As a result, administrative agencies apply liberal procedural rules designed to enhance worker coverage. . . .
Under Section 9-736(b), the Commission retains jurisdiction pending an appeal over issues on which no evidence was taken or decision made at the previously appealed hearings. Section 9-742 is no impediment to such jurisdiction. For the foregoing reasons, we hold that the Commission had jurisdiction to decide Respondent's new issues pending his previous appeals. Following the conclusion of such appeals, however, the case became moot, as there was no impediment to the Commission's jurisdiction.
Respondent also filed new issues, on January 28, 2008, for TTD between November 30, 2007 and January 8, 2008. In this instance, Petitioners did not argue that the Commission lacked jurisdiction because of the pending appeal, and the Commission ordered TTD benefits for the period requested.
Additionally, as the facts of Pressman itself demonstrate, the "independent and distinct" inquiry is not designed to prevent "new issues being litigated before the Commission while a prior Order or orders are pending on appeal." Rather, as confirmed by the two cases cited in Pressman, the "independent and distinct" inquiry is designed to prevent the appeals court and Commission from issuing inconsistent verdicts on the same issue. See id. (citing State ex rel. Hatfield v. Indus. Com. of Ohio, 165 N.E.2d 211, 216 (Ohio Ct.App. 1960) ("[T]the lower court retains all jurisdiction
Petitioners also contend that language in the 1997 amendment stating that Section 9-742 was enacted to "generally relate" to the Commission's jurisdiction "shows that the Legislature intended for only [Section 9-742] to govern the Commission's jurisdiction while a prior Order was pending on appeal." See Chapter 641 of the Acts of 1997. We know of no case holding that the words "generally relate" create a presumption of exclusivity.