Harris v. District of Columbia Department of Employment Services

592 A.2d 1014, 1991 D.C. App. LEXIS 160, 1991 WL 101703
CourtDistrict of Columbia Court of Appeals
DecidedJune 7, 1991
Docket90-657
StatusPublished
Cited by12 cases

This text of 592 A.2d 1014 (Harris v. District of Columbia Department of Employment Services) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. District of Columbia Department of Employment Services, 592 A.2d 1014, 1991 D.C. App. LEXIS 160, 1991 WL 101703 (D.C. 1991).

Opinions

ROGERS, Chief Judge:

Petitioner Eugene M. Harris seeks review of the decision of the District of Columbia Department of Employment Services (“the Agency”) dismissing his claim for workers’ compensation because it was barred by the statute of limitations. We reverse and remand because the Agency did not address whether petitioner received proper notice, in accordance with the District of Columbia Workers’ Compensation Act, D.C.Code § 36 — 332(f) (1988), that the employer had filed its report of injury.

I.

In 1977, Eugene M. Harris, petitioner, suffered a work-related injury while working as a supervisor-engineer in intervenor C & P Telephone Company’s circuit provisioning center. As a result of this injury, petitioner’s work activity was subject to medical restrictions and his employer assigned him to desk jobs. The petitioner’s injury was aggravated in August 1983. He notified the employer of his injury at that time, and was given a new job assignment. In 1985, petitioner informed his supervisor that he had to leave his job because the work associated with his 1983 job assignment was, in his opinion, aggravating his prior injury.

On June 23, 1986, the employer filed a report with the Agency pursuant to D.C. Code § 36-332(a) (1988).1 Apparently on that same day the employer also filed a notice of controversion of workers’ compensation benefits.2 The notice stated that the employer denied petitioner’s claim for benefits due to petitioner’s failure to notify his employer of “any new injuries until ... approximately three (3) years after the alleged injury.” The notice further stated that the employer’s report was received June 18, 1986, and that if petitioner “ha[d] not already filed an employee’s claim application, Form No. 7a DCWC, you must do so within one (1) year of the date of injury or one (1) year after the last payment of compensation benefits by your employer.” The record does not reflect whether the employ[1016]*1016er sent a copy of the notice of controversion to petitioner.3

On December 1, 1988, petitioner filed a claim for workers’ compensation benefits with the Agency. After a hearing, the Hearing Examiner ruled that petitioner’s claim was time barred because he had filed his claim in 1988 when his injury occurred in 1983, and had thus failed to file his claim within one year of sustaining his injury. Petitioner, pro se, appealed, claiming, inter alia, that the employer had failed to file its report with the Agency, citing D.C.Code § 36-332 and subsection (f). On appeal, the Director modified the Hearing Examiner’s decision. The Director concluded that because the employer had failed to file a report within ten days of notice of the injury, the one year statute of limitations had not begun to run until June 23, 1986, when the employer had filed its report.4 However, since petitioner had not filed his claim until 1988, more than one year after the employer had filed its report, the Director ruled that petitioner’s claim was time barred.

II.

Petitioner, appearing pro se, contends in his brief that “no notifications” were sent, and that the employer “did not timely file.” Accordingly, the principal issue on appeal is whether the employee must receive notice of the date that the employer filed its report with the Agency before the one-year limitations period in D.C.Code § 36-314(a) could begin to run. This is a question of statutory interpretation, and although the court will defer to the Agency’s reasonable interpretation of its enabling statute, see Morris v. District of Columbia Dep’t of Employment Servs., 530 A.2d 683, 690 (D.C.1987); Dell v. District of Columbia Dep’t of Employment Servs., 499 A.2d 102, 106 (D.C.1985), in order to dispose of this appeal, we must determine whether the premise underlying the Agency’s decision that the claim is barred by the limitations period is consistent with the statute. Cf. Ploufe v. District of Columbia Dep’t of Employment Servs., 497 A.2d 464, 466 (D.C.1985) (ambiguity of notice of first level of appeal rendered notice inadequate as a matter of law).

The District of Columbia Workers’ Compensation Act (Act) provides that “the right to compensation for disability or death ... shall be barred unless a claim therefor is filed within 1 year after the injury or death.” D.C.Code § 36-314(a). However, the time for filing a claim under this section does not begin to run “until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment.” Id. Further, an employee’s awareness of injury or death will not trigger the limitations period if the employer has not filed the report mandated by D.C.Code § 36-332. Under D.C.Code § 36-332(a), the employer must, within ten days from the date of the injury, send the Agency a report on the circumstances of the injury.5 [1017]*1017If the employer “fails, neglects, or refuses to file [the] report [within ten days from the date of injury or death], the limitations in § 36-314(a) shall not begin to run against the claim of the injured employee ... until such report shall have been furnished as required by subsection (a) of [D.C.Code § 36-332].” Id. § 36-332(f).

The statute does not expressly require that a copy of the employer’s report be provided to the employee, nor that the one-year limitations period shall not commence until the employee has received notice the employer has filed its report. See note 5, supra. However, consistent with the humanitarian purposes of the Act, see Fer-reira v. District of Columbia Dep’t of Employment Servs., 531 A.2d 651, 655 (D.C.1987) and cases cited, it necessarily follows that until the employee has notice that the employer’s report has been filed with the Agency, the limitations period of § 36-314(a) cannot begin to run. Cf. Klei-boemer v. District of Columbia, 458 A.2d 731, 735 (D.C.1983) (look to legislative purpose in determining whether statute of limitations is tolled). This is clear from the statutory scheme and legislative history.

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Bluebook (online)
592 A.2d 1014, 1991 D.C. App. LEXIS 160, 1991 WL 101703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-district-of-columbia-department-of-employment-services-dc-1991.