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McDANIELS v. DEPT. OF EMPLOYMENT SERVICES

No. 85-195, 85-256.

512 A.2d 990 (1986)

Fletcher McDANIELS and Jeffrey Hightower, Petitioners, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent. John H. Hampshire, Inc. and Liberty Mutual Insurance Co., Intervenors in No. 85-195, Gorman Equipment Co. and Selected Risks Insurance Co., Intervenors in No. 85-256, George Hyman Construction Company, Inc., Amicus Curiae.

District of Columbia Court of Appeals.

Decided July 10, 1986.

Attorney(s) appearing for the Case

John C. Duncan, III, with whom Denise Jakabcin Tassi, Washington, D. C., was on brief, for intervenor Gorman Equipment Co.

Carol Connor Flowe, Washington, D. C., was on brief, for amicus curiae George Hyman Const. Co.

Robert B. Adams, Washington, D. C., was on brief, for petitioner McDaniels.

Kevin B. Byrd, Washington, D. C., for petitioner Hightower.

Donald P. Maiberger, Rockville, Md., for intervenor John J. Hampshire, Inc.

Before FERREN, BELSON and STEADMAN, Associate Judges.

BELSON, Associate Judge:

The Department of Employment Services (DOES) determined that petitioners Fletcher McDaniels and Jeffrey Hightower are entitled to disability compensation under D.C.Code § 36-308 (1981) of the District of Columbia Workers' Compensation Act of 1979, as amended, 36 D.C.Code § 301 et seq. (1981) (hereinafter the "Act"), at the lesser of 662/3 percent of average weekly wages or 80 percent...

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