Jacqueline Dent v. District of Columbia Department of Employment Services; Providence Hospital; Sedgwick Claims Management Services, Inc., 158 A.3d 886 (D.C. 2017) | District of Columbia Court of Appeals 2017 | LawTools

Cases Cited(26)

Smith v. District of Columbia Department of Employment Services, 548 A.2d 95 (D.C. 1988)Cited

(Carolyn) Jones v. District of Columbia Department of Employment Services, 41 A.3d 1219 (D.C. 2012)Cited

Washington Metropolitan Area Transit Authority v. District of Columbia Department of Employment Services, 992 A.2d 1276 (D.C. 2010)Cited

Georgetown University v. District of Columbia Department of Employment Services, 971 A.2d 909 (D.C. 2009)Cited

Asylum Co. v. District of Columbia Department of Employment Services, 10 A.3d 619 (D.C. 2010)Cited

Howard University Hospital v. District of Columbia Department of Employment Services, 960 A.2d 603 (D.C. 2008)Cited

Potomac Electric Power Co. v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor, 449 U.S. 268 (1980)Distinguished

Lenaerts v. District of Columbia Department of Employment Services, 545 A.2d 1234 (D.C. 1988)Cited

Carey v. Crane Service Co., 457 A.2d 1102 (D.C. 1983)Cited

Mid-Continent Casualty Co. v. Busick, 353 S.W.2d 926 (Tex. Civ. App. 1962)Cited

Showing top 10 of 26.

Summary

The District of Columbia Court of Appeals reviewed the denial of Jacqueline Dent’s workers’ compensation claim for a schedule award based on permanent partial disability. The court held that wage loss or its absence may be considered, along with other relevant factors, in determining the percentage of disability for a schedule award under the District of Columbia Workers’ Compensation Act. The court affirmed the Compensation Review Board’s decision.

Court

District of Columbia Court of Appeals

Jurisdiction

District of Columbia

Decision date

May 4, 2017

Docket number

14-AA-527

Disposition

affirmed

Questions Presented

Whether evidence of actual wage loss or the absence of wage loss may be considered, along with other factors, in determining the percentage of permanent partial disability for a schedule award under the District of Columbia Workers' Compensation Act.
Whether the ALJ could consider the character and regularity of continuing medical care in evaluating the extent of permanent partial disability and the claimant's credibility.
Whether the Compensation Review Board properly concluded that substantial evidence supported the ALJ's credibility findings and denial of benefits.

Holdings

Under the District of Columbia Workers' Compensation Act, evidence of actual wage loss, or the absence of wage loss, may be considered as one factor in determining a claimant's disability percentage for a permanent partial disability schedule award. Wage-loss evidence is relevant but is neither necessary nor sufficient by itself.
Evidence concerning the character and regularity of continuing medical care is relevant and may be considered in assessing the statutory disability factors and the credibility of testimony, although such evidence is not required to establish a permanent partial disability.
The Compensation Review Board properly concluded that substantial evidence supported the ALJ's finding that Dent was not credible and that she had no compensable permanent partial disability.

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Jacqueline Dent v. District of Columbia Department of Employment Services; Providence Hospital; Sedgwick Claims Management Services, Inc.

Summary

Questions Presented

Holdings

Court Document

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