Legal Opinion

Kelly v. District of Columbia Department of Employment Services

District of Columbia Court of Appeals

Decided September 26, 2013No. 11-AA-1417PublishedCited by 6 opinions

1Opinion of the Court

THOMPSON, Associate Judge:

Under the District of Columbia Workers’ Compensation Act (the “Act”), an injured worker determined to be eligible for permanent total disability benefits is entitled to a payment set at 66 2/8% of her average weekly wage (“AWW’).1 “[T]he AWW ‘is intended to provide a fair and reasonable estimate of what the employee in question would have been able to earn in the labor market in the absence of a work-injury[.]’ ” UPS v. District of Columbia Dep’t of Emp’t Servs., 834 A.2d 868, 872 (D.C.2003).

The instant matter represents the continuation of a dispute between…

2Cases cited12 opinions

  1. Washington Metropolitan Area Transit Authority v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2010
  2. Darden v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2006
  3. Belton v. TraynorCourt of Appeals for the Fourth Circuit · 1967
  4. United Parcel Service v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2003
  5. George Hyman Construction Co. v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1985

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3Cited by6 opinions

  1. Ronda Nunnally v. District of Columbia Metropolitan Police DepartmentDistrict of Columbia Court of Appeals · 2013
  2. Jones v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2017
  3. Brown-Carson v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2017
  4. Kevatte A. Jones v. DOES/WMATADistrict of Columbia Court of Appeals · 2017
  5. Sanchez Lopez v. D.C. Dep't of Employment ServicesDistrict of Columbia Court of Appeals · 2024

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