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JOYNER v. DIST. OF COL. DEPT. OF EMPL. SERV.

No. 84-1676.

502 A.2d 1027 (1986)

Ann O. JOYNER, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, Reyna's Fashions and Hartford Accident and Indemnity Company, Intervenors.

District of Columbia Court of Appeals.

Decided January 7, 1986.

Attorney(s) appearing for the Case

William J. Skinner, Rockville, Md., for petitioner.

Edward E. Schwab, Asst. Corp. Counsel, with whom Inez Smith Reid, Corp. Counsel, John H. Suda, Principal Deputy Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on brief, for respondent.

William P. Dale, Washington, D.C., was on brief for intervenors.

Before PRYOR, Chief Judge, and BELSON, Associate Judge, and BURGESS, Associate Judge, Superior Court of the District of Columbia.

BELSON, Associate Judge:

The Department of Employment Services (DOES) determined that petitioner Ann O. Joyner is no longer disabled for purposes of collecting workers' compensation benefits because, under its interpretation of D.C.Code § 36-308(c) (1981), she had voluntarily limited her income or failed to accept employment commensurate with her abilities. Petitioner challenges DOES' application of § 36-308(c) to her circumstances. Since we find the agency...

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