Legal Opinion

Railco Multi-Construction Co. v. Gardner

District of Columbia Court of Appeals

Decided October 5, 1989No. 88-489PublishedCited by 27 opinions

1Opinion of the Court

ROGERS, Chief Judge:

In this certified appeal 1 we are asked to decide whether the District of Columbia Workers’ Compensation Act of 1979, D.C. Code § 36-301 et seq. (1988 Repl.) (the 1979 Act), covers a worker’s injury or disease if the employment events giving rise to the injury occurred before the 1979 Act took effect, but the worker did not become aware of the injury and its job-relatedness until after that time. We hold that the 1979 Act applies unless there is no subject matter jurisdiction of a claim under that Act or other state law, in which event, to avoid depriving an injured worker…

2Cases cited40 opinions

  1. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  2. Cardillo v. Liberty Mutual InsuranceSupreme Court of the United States · 1947
  3. Sun Ship, Inc. v. PennsylvaniaSupreme Court of the United States · 1980
  4. Mary R. Wheatley v. Herman Adler, Deputy Commissioner, United States Department of Labor Bureau of Employees' CompensationCourt of Appeals for the D.C. Circuit · 1968
  5. The Travelers Insurance Company and Todd Shipyards Corporation v. Frank A. Cardillo, Deputy Commissioner, Federal Security Agency, Bureau of Employees' Compensation, Second Compensation District, and Joseph Tropea, Ira S. Bushey & Sons, Inc., Plaintiff-Employer-Appellant, and American Policyholders' Insurance Company And/or American Mutual Liability Insurance Company, Plaintiff-Insurance Carrier-Appellant, and Hartford Accident& Indemnity Company, Plaintiff-Insurance Carrier-Appellant, and the State Insurance Fund, Plaintiff-Insurance Carrier-Appellant v. Thorleif Johansen, Defendant-Claimant-Respondent, and Frank A. Cardillo, Deputy Commissioner, Second Compensation District, Defendant-Respondent. Todd Shipyards Corporation, Inc., Employer-Plaintiff-Appellant, and Massachusetts Bonding & Insurance Company, Insurance Carrier-Plaintiff-Appellant v. United States Department of Labor, Bureau of Employees' Compensation, Second District and Frank A. Cardillo, as Deputy Commissioner and Raymond LebowitzCourt of Appeals for the Second Circuit · 1955

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3Cited by27 opinions

  1. Harris v. District of Columbia Office of Worker's CompensationDistrict of Columbia Court of Appeals · 1995
  2. Washington Metropolitan Area Transit Authority v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1996
  3. District of Columbia v. MorrisseyDistrict of Columbia Court of Appeals · 1995
  4. King v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1999
  5. United States v. AlstonDistrict of Columbia Court of Appeals · 1990

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