Nelson v. District of Columbia Department of Employment Services

I write separately to explain that while I am bound by this court’s decision in Anthony v. District of Columbia Department of Employment Services, 528 A.2d 883 (D.C. 1987), I cannot agree that disqualification from unemployment compensation can be based solely on the timing of the transfer of an employee’s wages. I am persuaded that Anthony’s formalistic interpretation *1198of D.C.Code § 46 — 108(c)(2) (1986 Supp.) generates results inconsistent with explicit congressional intent and with the purposes underlying the Unemployment Compensation Act. On the merits of this case, therefore, I would…