Howrey & Simon v. District of Columbia Department of Employment Services

BELSON Associate Judge,

dissenting:

The majority defers to a statutory misconstruction that is plainly unfair to District of Columbia employers. As the Department of Employment Services construes the District, of Columbia Workers’ Compensation Act of 1980,1 an employer is deemed to have actual knowledge of a work-related injury if, without more, the employer, through its agent, witnesses an incident at work that results in no immediately discernible physical harm to the employee, but ultimately produces such harm. *259Properly construed, the statute provides that the mere witnessing of such an…