Thomas v. District of Columbia Department of Employment Services

547 A.2d 1034, 1988 D.C. App. LEXIS 186, 1988 WL 103115
CourtDistrict of Columbia Court of Appeals
DecidedOctober 6, 1988
Docket87-376
StatusPublished
Cited by42 cases

This text of 547 A.2d 1034 (Thomas 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
Thomas v. District of Columbia Department of Employment Services, 547 A.2d 1034, 1988 D.C. App. LEXIS 186, 1988 WL 103115 (D.C. 1988).

Opinion

BELSON, Associate Judge:

Is an injured worker entitled to a hearing and compensation award under the District of Columbia Workers’ Compensation Act of 1979, D.C. Code §§ 36-301 to -345 (1988), even though no material issues are in dispute and the self-insured employer is voluntarily paying benefits under the Act? The District of Columbia Department of Employment Services answered that question in the negative, determining that such a worker does not have an absolute right to either a hearing or the issuance of an award of compensation. Petitioner, Katherine L. Thomas, seeks review, asserting that the plain language of § 21(c) of the Act, D.C. Code § 36-320(c) (1988), compels a hearing and an award whenever any party so requests. Alternatively, she contends that the Department abused its discretion under § 16(h) of the Act, D.C. Code § 36-315(h) (1988), in deciding that neither hearing nor award was required in this case. Because we conclude that the Department’s interpretation of the statute is reasonable and that its decision not to issue an award was not an abuse of discretion, we affirm.

The Washington Post, the employer of petitioner Thomas, does not contest its liability to pay compensation for Thomas’ injury. To expedite matters, the parties stipulated to the following facts: On February 25,1986, the day after Thomas was injured at work, the Post began compensating her for temporary total disability. Thomas immediately sought and received treatment for her injuries from Robert Dowd, M.D., an orthopedist. Shortly thereafter, the Washington Post notified Thomas that it had scheduled her an appointment with another orthopedist, Louis Levitt, M.D., for *1035 an evaluation of her disability. On the basis of Dr. Levitt’s conclusion that Thomas was able to perform her regular duties, the Post terminated compensation payments on May 5, 1986. Thomas, who was still being treated by Dr. Dowd for her injuries, filed an application for a formal hearing with the Department on June 2, 1986, and a motion to expedite on June 13, 1986. On June 16, the Post agreed to resume compensation payments retroactive to May 6, 1986, and to treat them as an advance on any compensation ultimately determined to be due. In addition, the Post asked Thomas to submit to an independent medical evaluation by George Bogumill, M.D., a member of a panel of impartial physicians appointed by the Mayor pursuant to D.C. Code § 36-307(b) (1988). Because Dr. Bogumill concluded that Thomas was still temporarily totally disabled, the Post notified her attorney that it had changed its records to reflect that, as of May 6, 1986, payments were being made for continuing temporary total disability. No further change was made in the payments.

Pursuant to Thomas’ application, however, a hearing was held on September 10, 1986. Although her right to benefits was no longer in dispute and payments had been voluntarily resumed, she sought by means of the hearing to be awarded a compensation order to which the parties would be legally bound. The hearing consisted of oral arguments by the attorneys for Thomas and the Post. No evidence was presented, other than the stipulated facts and supporting documents. Thomas argued that the unilateral termination of benefits in May, which had produced financial hardship for her, entitled her to have the merits of the case reduced to a compensation order. The Post maintained that Thomas was not entitled to a hearing or compensation order because there were no issues in controversy to be decided.

After considering the arguments, the hearing examiner issued a ruling denying an award and concluding that Thomas had had no right to a mandated (as distinguished from a discretionary) hearing. He based his decision on a reading of § 36-320(c) in conjunction with § 36-315(a) and (h). He noted that although § 36-320(c) appears to mandate a hearing whenever any interested party requests one, such a reading would be inconsistent with § 36-315(a) and (h). 1 The hearing examiner noted that the Act was designed to encourage voluntary payment of compensation and that § 36-315(a) contemplates that, where the employer makes prompt voluntary payments, no award should be made. He concluded that when an employ *1036 er is making payments voluntarily, § 36-315(h)(l) allows the Mayor, in his discretion, to hold a hearing and take any necessary further action, but does not require him to do so. Finally, the hearing examiner declared that

if [petitioner’s] position is accepted, every claimant might request a hearing and order whether or not employer disputes the claimant’s right to benefits. This would serve to limit voluntary payment (since employer would have little to gain by making such payments), eliminate informal resolution, and create an explosion of litigation, all of which are contrary to the purposes of this Act.

The Acting Director affirmed the hearing examiner’s order, ruling that “no provision of the rules confers a right to a hearing where there is no dispute.” Relying on her decision in Powell v. Wrecking Corp. of America, H & AS No. 84-540, OWC No. 0051161 (March 4, 1987), she observed that to interpret § 36-320(c) harmoniously with § 36-315(a) and (h), § 36-320(c) must be read “as applying only in a case where there is a valid claim and a valid dispute.”

In Powell, the Acting Director considered a case similar to the one at bar. As in this case, the employee attempted to press a claim for a compensation award even though the employer was making voluntary compensation payments. Unlike the case at bar, no hearing was held, because the Acting Director dismissed the application for a hearing for lack of issues in dispute. The Acting Director acknowledged in Powell that § 36-320(c), standing alone, appears to give any interested party an unqualified right to a hearing upon request. She observed, however, that such a reading would render § 36-315(a) and (h) virtually meaningless. She pointed out that § 36-315(a), the Act’s mechanism for disposing of undisputed claims, requires the employer to pay compensation without an award unless the employer controverts its liability to pay. Administering the program this way, she stated, provides “an efficient, workable framework designed to conserve economic and administrative resources.” Powell, supra, at 3. She noted her agreement with Professor Larson’s statement that “the successful administration of a compensation law depends to a much greater extent upon the machinery adopted for disposing of the undisputed claim than upon the methods of procedure employed in litigation of the contested case.” Id. (quoting 3 A. Larson, The Law of Workmen’s Compensation § 82.10 (1983) (citation omitted)). The Council’s decision to rely on voluntary payments by employers without an award, she concluded, represented a rational policy choice.

In addition, the Acting Director in Powell

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Cite This Page — Counsel Stack

Bluebook (online)
547 A.2d 1034, 1988 D.C. App. LEXIS 186, 1988 WL 103115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-district-of-columbia-department-of-employment-services-dc-1988.