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SMITH v. DEPT. OF EMPLOYMENT SERVICES

No. 87-34.

548 A.2d 95 (1988)

Sharon S. SMITH, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and Washington Metropolitan Area Transit Authority, Intervenor.

District of Columbia Court of Appeals.

Decided September 29, 1988.

Attorney(s) appearing for the Case

Robert B. Adams, Washington, D.C., for petitioner.

Susan S. McDonald, Asst. Corp. Counsel, with whom Frederick D. Cooke, Jr., Acting Corp. Counsel at the time the statement was filed, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., filed a statement in lieu of brief for respondent.

E. Joseph Fitzpatrick, Jr., with whom Jeffrey R. Miller, Gaithersburg, Md., was on the brief, for intervenor.

Before NEWMAN, TERRY and ROGERS, Associate Judges.

ROGERS, Associate Judge:

In this appeal, we must decide whether an employee's receipt of a schedule award for permanent partial disability under the District of Columbia Workers' Compensation Act, D.C.Code § 36-308(3) (1988 Repl. Vol.), precludes further compensation for temporary total disability benefits under D.C.Code § 36-308(2) where future recurrent pain and discomfort arising out of the same injury cause an...

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