Washington Hosp. v. Does

743 A.2d 1208
CourtDistrict of Columbia Court of Appeals
DecidedDecember 30, 1999
Docket98-AA-490
StatusPublished

This text of 743 A.2d 1208 (Washington Hosp. v. Does) 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
Washington Hosp. v. Does, 743 A.2d 1208 (D.C. 1999).

Opinion

743 A.2d 1208 (1999)

WASHINGTON HOSPITAL CENTER, Petitioner,
v.
DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent.

No. 98-AA-490.

District of Columbia Court of Appeals.

Argued November 2, 1999.
Decided December 30, 1999.

*1209 John C. Duncan III, Alexandria, VA, for petitioner.

Mary T. Connelly, Assistant Corporation Counsel, with whom John M. Ferren, Corporation Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corporation Counsel, were on the brief, for respondent.

Before FARRELL, RUIZ and REID, Associate Judges.

REID, Associate Judge:

The Washington Hospital Center ("WHC") petitions this court for review of an order of the Department of Employment Services ("DOES"), dismissing as untimely WHC's application for review of a hearing examiner's compensation order. WHC contends that DOES erred in dismissing the application as untimely because: 1) "the employer [WHC] had 30 days from its counsel's receipt of the Compensation Order on December 29, 1997, to file its Application for Review"; and 2) the Director of DOES refused "to permit a hearing to be held and discovery undertaken to establish the actual dates of service and filing," and "to adduce evidence to establish that the practice at O.W.C. ... is... that the date of action in response to a Compensation Order ... begins to run once the Order has been received by counsel or the parties." We affirm.

FACTUAL SUMMARY

On November 2, 1993, Ms. Carol Middledorf ("Claimant") injured her back while employed as a nuclear medicine technologist with WHC. Following this injury, the Claimant filed a claim for workers' compensation benefits pursuant to the provisions of the District of Columbia Workers' Compensation Act of 1979, D.C.Code § 36-301 et seq. (1997). On December 24, 1997, following a full evidentiary hearing, a DOES hearing examiner issued a compensation order awarding the Claimant workers' compensation benefits. Pursuant to § 36-320(e), the compensation order was certified as being mailed to all parties on December 24, 1997.[1]

On January 26, 1998, thirty-three days after the order was mailed certified to all *1210 parties, WHC filed an application for review of compensation order. WHC does not dispute that the compensation order was certified as being mailed to its office on December 24, 1997. On March 10, 1998, the Interim Director of DOES dismissed WHC's application for review because, under D.C.Code § 36-322(b)(2), it "was filed more than 30 days after the Compensation Order was certified as having been mailed." WHC filed a timely appeal.

ANALYSIS

WHC first contends that the filing of its application for review on January 26, 1998 was timely, because it did not receive the compensation order until December 29, 1997. Moreover, WHC argues that DOES articulated a significant policy change in one of its cases and applied that "ambiguous" policy change to it without due notice. In addition, WHC attacks a controlling decision of this court, Greenwood's Transfer & Storage Co. v. District of Columbia Dep't of Employment Servs., 553 A.2d 1246, 1247 n. 1 (D.C.1989). The District of Columbia maintains that DOES has authority to clarify or change, through adjudication, its policy regarding "when a compensation order is considered filed for purposes of starting the thirty day period for appeal when, as here, the policy is consistent with the language and intent of the statute." Furthermore, argues the District, DOES' policy change is not significant and is consistent with this court's decision in Greenwood's Transfer & Storage Co., supra, as well as the agency's challenged decision in Johnny Williams v. Town Center Management, Dir. Dkt. 97-39; H & AS No. 96-408, OWC No. 296619 (August 27, 1997). The District also emphasizes that our decision in Greenwood's Transfer & Storage Co. forecloses the argument that the thirty day period for filing an application for review begins when the parties received the compensation order.

"`An agency's findings of fact and conclusions of law must be affirmed if they are supported by substantial evidence.'" Franklin v. District of Columbia Dep't of Employment Servs., 709 A.2d 1175, 1176 (D.C.1998) (quoting District of Columbia v. Davis, 685 A.2d 389, 393 (D.C. 1996)). "`We will not disturb an agency's decision if it flows rationally from the facts which are supported by substantial evidence in the record.'" Id. (quoting Oubre v. District of Columbia Dep't of Employment Servs., 630 A.2d 699, 702 (D.C.1993)). "We must defer to an agency's interpretation of the statute which it administers ... so long as that interpretation is reasonable and consistent with statutory language. The agency's interpretation, therefore, is controlling unless it is plainly erroneous or inconsistent with the statute." Lenkin Co. Management v. District of Columbia Rental Hous. Comm'n, 642 A.2d 1282, 1285 (D.C.1994).

We agree with the Interim Director of DOES that WHC did not file a timely application for review under D.C.Code § 36-322(b)(2), which states in relevant part:

The Mayor is authorized to establish an administrative procedure for review of compensation orders raising a substantial question of law or fact. Application for such review shall be made by any party within 30 days from the date a compensation order is filed as provided in § 36-320.

D.C.Code § 36-320(e) specifies:

The order rejecting the claim or making the award (referred to in this chapter as compensation order) shall be filed with the Mayor, and a copy thereof shall be sent by registered or certified mail to the claimant and to the employer at the last known address of each.

Under § 36-322(b)(2), the thirty day period for making an application for review *1211 begins to run when the compensation order is filed. Section 36-320 provides that the compensation order "shall be filed with the Mayor." The Mayor has delegated his authority under this statute to DOES. In 1987, by adjudication, DOES concluded that a compensation order is deemed filed when it is lodged in the DOES Office of General Counsel. This policy determination was challenged in Greenwood's Transfer & Storage Co., supra. In rejecting that challenge, we said:

[P]etitioner overlooks the fact that the Mayor's functions under the Act have been delegated to the Director of DOES, see Lee v.

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Related

National Labor Relations Board v. Wyman-Gordon Co.
394 U.S. 759 (Supreme Court, 1969)
Lee v. District of Columbia Department of Employment Services
509 A.2d 100 (District of Columbia Court of Appeals, 1986)
Oubre v. District of Columbia Department of Employment Services
630 A.2d 699 (District of Columbia Court of Appeals, 1993)
Reichley v. District of Columbia Department of Employment Services
531 A.2d 244 (District of Columbia Court of Appeals, 1987)
Lenkin Co. Management, Inc. v. District of Columbia Rental Housing Commission
642 A.2d 1282 (District of Columbia Court of Appeals, 1994)
Franklin v. District of Columbia Department of Employment Services
709 A.2d 1175 (District of Columbia Court of Appeals, 1998)
Montgomery v. District of Columbia Department of Employment Services
723 A.2d 399 (District of Columbia Court of Appeals, 1999)
District of Columbia v. Davis
685 A.2d 389 (District of Columbia Court of Appeals, 1996)
Washington Hospital Center v. District of Columbia Department of Employment Services
743 A.2d 1208 (District of Columbia Court of Appeals, 1999)
North Alabama Express, Inc. v. United States
585 F.2d 783 (Fifth Circuit, 1978)

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