Shea, S & M Ball Co. v. Director, Office of Workers' Compensation Programs

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The District of Columbia Workmen’s Compensation Act of 1928 (“1928 Act”), D.C.Code § 36-501, et seq., (1973), was repealed by the District of Columbia Workers’ Compensation Act of 1979 (“1979 Act”), D.C.Code § 36-301 et seq. (1988 Repl.), but continues to govern claims arising from injuries that occurred prior to its repeal. The issue in this case is whether the 1928 Act gives the Department of Labor (“DOL”) jurisdiction to award death benefits to the widow of an employee who was injured while the 1928 Act was in effect,…