Washington, DC
Workers compensation Lawyer at Washington, DC
Practice Areas: Workers Compensation, Litigation, Construction & Development
OUTCOME: Affirmance of the underlying denial of the claim by the ALJ
In one of the rare COVID claims, the Compensation Review Board upheld the denial of benefits. The CRB clearly enunciated that the positional risk test, and not the increased risk test, is the correct ... standard to apply. Further, the CRB held that there exists no presumption in favor of hospital workers for COVID claims.
OUTCOME: Decision in favor of the Employer, Claim Disallowed.
This "Mental Mental" claim presented with the question as to what constitutes an occupational incident which would give rise to coverage under the subjective person analysis, which is now the law. In ... a well-reasoned decision, the Court of Appeals pushed back on the line of cases following Ramey and held that the event had to have occurred in reality, not merely the claimant's perception of the events.
OUTCOME: Decision in favor of the employer
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 compe ... nsation 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.
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