Wilbur Hiligh & Federal Express Corporation v. District of Columbia Department of Employment Services

Outcome: Decision in favor of the employer

Description: In this case, the District of Columbia Court of Appeals held that the long standing interpretation of the DC Act regarding the minimum compensation was incorrect. The Court held that the minimum compensation rate did not apply to those instances where a claimant was receiving temporary total disability benefits. Instead, it applied only in those instances where a claimant was deemed to be permanently and totally disabled. The Court reasoned that TTD benefits were wage replacement benefits and to pay a claimant more than he/she earned while working would provide a disincentive to return to active employment. This case is of critical importance, especially to those employers who employ part time employees in the District of Columbia.