RAILCO MULTI-CONSTRUCTION CO. and Lumbermen Mutual Casualty Co., Petitioners,
v.
Robert GARDNER and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.
District of Columbia Court of Appeals.https://leagle.com/images/logo.png
Argued May 4, 1989.
Decided October 5, 1989.
Attorney(s) appearing for the Case
David P. Durbin, with whom Edward J. Lopata and D. Stephenson Schwinn, Washington, D.C., were on the brief, for petitioners.
Kevin B. Byrd, Washington, D.C., for respondent Gardner.
Joshua T. Gillelan II, Atty., U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., with whom George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., and J. Michael O'Neill, Washington, D.C., were on the brief, for respondent Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.
Before ROGERS, Chief Judge, and NEWMAN and TERRY, Associate Judges.
District of Columbia Court of Appeals.
ROGERS, Chief Judge:
In this certified appeal1 we are asked to decide whether the District of Columbia Workers' Compensation Act of 1979, D.C. Code § 36-301 et seq. (1988 Repl.) (the 1979 Act), covers a worker's injury or disease if the employment events giving rise to the injury occurred before the 1979 Act took effect, but the worker did not become aware of the injury and its job-relatedness until after that time. We hold...
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