LENAERTS v. DEPT. OF EMPLOYMENT SERVICES

No. 86-830.

545 A.2d 1234 (1988)

Eileen S. LENAERTS, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent. Superior Ironworks and Liberty Mutual Insurance Company, Intervenors.

District of Columbia Court of Appeals.

Decided July 18, 1988.


Attorney(s) appearing for the Case

Peter J. Vangsnes with whom Robert B. Adams, Washington, D.C., was on the brief, for petitioner.

Edward E. Schwab, Asst. Corp. Counsel, with whom Frederick D. Cooke, Jr., Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, and Lutz Alexander Prager, Asst. Deputy Corp. Counsel, Washington, D.C., were on the brief, for respondent.

Robert P. Scanlon, Rockville, Md., for intervenors Superior Ironworks and Liberty Mut. Ins. Co.

Before PRYOR, Chief Judge, and TERRY and STEADMAN, Associate Judges.


STEADMAN, Associate Judge:

This case involves two questions of interpretation of the District of Columbia Workers' Compensation Act of 1979, D.C.Code §§ 36-301 to -345 (1981 & 1987 Supp.) ("the New Act"). First, may a worker who suffers a "schedule award" disability partial in character but permanent in quality opt to recover the worker's actual lost wages, § 36-308(a)(3)(V), in lieu of the fixed amount of compensation provided in the act for such...

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